North Carolina § 46A-26 Methods of partition

North Carolina Statutes

§ 46A-26 — Methods of partition

North Carolina § 46A-26

Ch. 46APartition

Art. 2Partition of Real Property

This text of North Carolina § 46A-26 (Methods of partition) 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. § 46A-26 (2026).

Text

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.)

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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.)