North Carolina § 46A-85 Order becoming final; appeal; purchase of property

North Carolina Statutes

§ 46A-85 — Order becoming final; appeal; purchase of property

North Carolina § 46A-85

Ch. 46APartition

Art. 2Partition of Real Property

This text of North Carolina § 46A-85 (Order becoming final; appeal; purchase of property) 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-85 (2026).

Text

(a)Order Becoming Final; Appeal. - An order confirming the partition sale of real property becomes final 15 days after entry of the order of confirmation or when the clerk denies a petition for revocation, whichever occurs later. A party may appeal an order confirming the partition sale of real property within 10 days of the order becoming final.

(b)Purchase of Property. - After the order of confirmation becomes final, the successful bidder may immediately purchase the property.

(c)Effect of Deed. - The deed of the officer or person designated to make the sale shall convey to the purchaser such title and estate in the property as the cotenants and all other parties to the proceeding had in the property.

(d)Sale Proceeds. - Upon receipt of the sale proceeds by either the court or the co

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(a) Order Becoming Final; Appeal. - An order confirming the partition sale of real property becomes final 15 days after entry of the order of confirmation or when the clerk denies a petition for revocation, whichever occurs later. A party may appeal an order confirming the partition sale of real property within 10 days of the order becoming final.
(b) Purchase of Property. - After the order of confirmation becomes final, the successful bidder may immediately purchase the property.
(c) Effect of Deed. - The deed of the officer or person designated to make the sale shall convey to the purchaser such title and estate in the property as the cotenants and all other parties to the proceeding had in the property.
(d) Sale Proceeds. - Upon receipt of the sale proceeds by either the court or the commissioner, the court shall secure to each cotenant the cotenant's ratable share in severalty of the proceeds of sale. If the ratable share due to each cotenant has not yet been determined by the court, the court shall set the matter for hearing on the court's own motion or upon motion of a party or commissioner. (1868-9, c. 122, ss. 13, 31; Code, ss. 1904, 1921; Rev., ss. 2512, 2513; C.S., ss. 3241, 3244; 1949, c. 719, s. 2; 1977, c. 833, ss. 1-3; 1985, c. 626, ss. 3-8; 2001-271, s. 19; 2009-362, s. 4; 2009-512, s. 5; 2020-23, ss. 2(jj)-(ll), (nn), 3.)