46A-52. Partition where cotenants unknown or title disputed.
(a) If there are any cotenants whose names are not known or whose title is in dispute, the shares of those cotenants shall be apportioned together as one parcel.
(b) In any partition proceeding, if two or more cotenants appear as respondents claiming the same undivided interest in the real property to be partitioned, or if any part of the undivided interest claimed by the petitioner is disputed by any respondent, it shall not be necessary to decide on their respective claims before the court orders an actual partition or partition sale of the property. The controversy between the contesting parties may be afterwards decided either in the same or an independent proceeding. (1868-9, c. 122, s. 3; Code, s. 1894; 1887, c. 284, ss. 2, 4; Rev., ss. 2491, 2511; C.S., s. 3225; 1937, c. 98; 2020-23, ss. 2(p), 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.