North Carolina § 46A-23 - Petition by judgment creditor of cotenant.

§ 46A-23. Petition by judgment creditor of cotenant.

If a judgment debtor has a personal liability on a judgment docketed in the superior court of a county where the judgment debtor owns real property as a tenant in common or joint tenant, the judgment creditor may petition for an actual partition of the property. If the court apportions a share of the property to the judgment debtor, the judgment creditor may seek to execute the judgment against the judgment debtor's share by (i) setting aside the judgment debtor's homestead in the share, as determined according to Article X of the North Carolina Constitution and Article 16 of Chapter 1C of the General Statutes, and (ii) selling the remaining part of the share. The remedy provided in this section does not deprive a judgment creditor of any other remedy in law or equity to enforce a judgment lien. History (1905, c. 429; Rev., s. 2489; C.S., s. 3217; 2020-23, ss. 2(g), 3.) Cross References. - As to execution, see G.S. 1-302 et seq. As to exempt property, see now G.S. 1C-1601 et seq. Editor's Note. - This section is former G.S. 46-5 , as recodified by Session Laws 2020-23, s. 2(g), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date. The historical citation from the former section has been added to this section as recodified. The case note for this section was decided under the former section. Session Laws 2020-23, s. 18, made the rewriting of this section by Session Laws 2020-23, s. 3, effective October 1, 2020, and applicable to partition proceedings commenced on or after that date. Effect of Amendments. - Session Laws 2020-23, s. 3 rewrote the section. For effective date and applicability, see editor's note.