46A-27. Carrying costs, including property taxes; improvements; right to contribution.
(a) Right to Contribution. - A cotenant has a right to contribution from the other cotenants for the cotenant's payment of the real property's carrying costs and for the lesser of the following:
(1) The value added to the real property by the cotenant's improvements as of the date of the commencement of the proceeding.
(2) The actual costs of the cotenant's improvements.
(b) Procedure. - In the case of an actual partition, a cotenant may on application assert the cotenant's right to contribution at any time before the commissioners file their report. In the case of a partition sale, a cotenant may on application assert the right at any time during the partition proceeding.
(c) Property Taxes. - A cotenant's right to contribution for property taxes under this section is limited to the amount of property taxes paid by the cotenant during the 10 years preceding the filing of the partition petition, plus interest at the legal rate under G.S. 24-1.
(d) Scope. - Nothing in this section affects the rights of cotenants outside a real property partition proceeding initiated under this Chapter.
(e) Carrying Costs Defined. - For purposes of this section, "carrying costs" means the actual costs of preserving the value of and the cotenants' interests in the real property, including property taxes, homeowner's insurance, repairs, and payments for a loan to acquire the real property. (2020-23, s. 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.