46A-26. Methods of partition.
In a partition proceeding under this Article, the court shall order one of the following methods of partitioning the real property:
(1) Actual partition under Part 2 of this Article.
(2) Partition sale under Part 3 of this Article so long as the requirements of that Part are satisfied.
(3) Actual partition of part of the property and a partition sale of the remaining part.
(4) Partition of part of the property, whether by actual partition or by partition sale, and order that the remaining part continue to be held in cotenancy. The court, however, shall not order a cotenant to continue to hold property in cotenancy over the cotenant's objection. (1887, c. 214, s. 1; Rev., s. 2506; C.S., s. 3227; 2020-23, ss. 2(r), 3.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - Partition of Real Property.
§ 46A-20 - Venue in partition.
§ 46A-22 - Unknown or unlocatable parties; summons, notice, and representation.
§ 46A-23 - Petition by judgment creditor of cotenant.
§ 46A-24 - Surface and oil, gas, or mineral interests in separate owners; partitions distinct.
§ 46A-25 - Partition of real property subject to a contingent future interest; requirements.
§ 46A-26 - Methods of partition.
§ 46A-27 - Carrying costs, including property taxes; improvements; right to contribution.
§ 46A-50 - Commissioners appointed; compensation; oath; delay or neglect.
§ 46A-52 - Partition where cotenants unknown or title disputed.
§ 46A-53 - Apportionment of shares in common.
§ 46A-54 - Dedication of streets.
§ 46A-55 - Report of commissioners; contents; filing and service; extension; map.
§ 46A-56 - Confirmation of report; appeal; motion for relief.
§ 46A-57 - Report and confirmation enrolled and registered; effect.
§ 46A-58 - Clerk to docket owelty.
§ 46A-59 - Order for possession.
§ 46A-75 - Sale in lieu of actual partition.
§ 46A-78 - Partition sale of real property subject to a life estate.
§ 46A-79 - Partition sale of remainder or reversionary interest of real property.
§ 46A-80 - Sale of standing timber; valuation of life estate.
§ 46A-81 - Sale of oil, gas, or mineral interests.
§ 46A-82 - Sale of real property required for public purposes on cotenant's petition.
§ 46A-83 - Petition for revocation of confirmation order.
§ 46A-84 - Petition for revocation based on inadequate price.
§ 46A-84.5 - Petition for revocation based on default bid.
§ 46A-85 - Order becoming final; appeal; purchase of property.