North Carolina § 41-92 Acquisition of title by one cotenant

North Carolina Statutes

§ 41-92 — Acquisition of title by one cotenant

North Carolina § 41-92

Ch. 41Estates

Art. 7Tenancy in Common

This text of North Carolina § 41-92 (Acquisition of title by one cotenant) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 41-92 (2026).

Text

(a)If a cotenant acquires title to the property upon a sale of the property to pay the debt for which (i) that cotenant is partially liable or (ii) all of the cotenants are liable, the title inures to the benefit of all of the cotenants.

(b)If a third party, acting in collusion with or as agent of one of the cotenants, acquires title to property upon a sale of the property to pay the debt for which all of the cotenants are liable and subsequently conveys the title to that cotenant, the title inures to the benefit of all of the cotenants.

(c)If a third party, without collusion, acquires title to the property upon a sale of the property to pay a debt for which all of the cotenants are liable and subsequently conveys that title to one of the cotenants, that cotenant takes title to the prop

Free access — add to your briefcase to read the full text and ask questions with AI

(a) If a cotenant acquires title to the property upon a sale of the property to pay the debt for which (i) that cotenant is partially liable or (ii) all of the cotenants are liable, the title inures to the benefit of all of the cotenants.
(b) If a third party, acting in collusion with or as agent of one of the cotenants, acquires title to property upon a sale of the property to pay the debt for which all of the cotenants are liable and subsequently conveys the title to that cotenant, the title inures to the benefit of all of the cotenants.
(c) If a third party, without collusion, acquires title to the property upon a sale of the property to pay a debt for which all of the cotenants are liable and subsequently conveys that title to one of the cotenants, that cotenant takes title to the property in that cotenant's own right, valid as against the other cotenants.
(d) A cotenant who receives an interest in the property because of the death of an ancestor holding an interest in the property may acquire the ancestor's interest in the property upon a sale to pay the debt of the deceased ancestor secured by the ancestor's interest in the property.
(e) A cotenant may acquire title to another cotenant's interest in the property upon a sale of the other cotenant's interest in the property to pay the debt of the other cotenant. (2024-47, s. 1.)