North Carolina § 46A-21 Petition by cotenant or personal representative of cotenant; necessary and proper parties; joinder of spouses

North Carolina Statutes

§ 46A-21 — Petition by cotenant or personal representative of cotenant; necessary and proper parties; joinder of spouses

North Carolina·Ch. 46A Partition·Art. 2 Partition of Real Property

(a)Any person claiming real property as a tenant in common or joint tenant may petition to partition the property in superior court. The personal representative of a deceased tenant in common or deceased joint tenant may also petition to partition the property as part of a petition to sell the deceased cotenant's interest for the payment of debts and other claims against the deceased cotenant's estate as provided in G.S. 28A-17-3.

(b)The petitioner shall serve and join all tenants in common and joint tenants of the property. The petitioner may serve and join any other person with an interest in the property, any lessee of the property, and any holder of a lien, mortgage, or deed of trust on the property.

(c)The petitioner is not required to serve or join spouses of cotenants of the real

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(a) Any person claiming real property as a tenant in common or joint tenant may petition to partition the property in superior court. The personal representative of a deceased tenant in common or deceased joint tenant may also petition to partition the property as part of a petition to sell the deceased cotenant's interest for the payment of debts and other claims against the deceased cotenant's estate as provided in G.S. 28A-17-3.
(b) The petitioner shall serve and join all tenants in common and joint tenants of the property. The petitioner may serve and join any other person with an interest in the property, any lessee of the property, and any holder of a lien, mortgage, or deed of trust on the property.
(c) The petitioner is not required to serve or join spouses of cotenants of the real property unless the spouse is also a cotenant. (1868-9, c. 122, s. 1; Code, s. 1892; Rev., s. 2487; C.S., s. 3215; 1963, c. 291, s. 2; 1985, c. 689, s. 16; 2020-23, ss. 2(d), 3.)

North Carolina § 46A-21 (Petition by cotenant or personal representative of cotenant; necessary and proper parties; joinder of spouses) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.