North Carolina § 46A-26 - Methods of partition.

§ 46A-26. Methods of partition.

In a partition proceeding under this Article, the court shall order one of the following methods of partitioning the real property: Actual partition under Part 2 of this Article. Partition sale under Part 3 of this Article so long as the requirements of that Part are satisfied. Actual partition of part of the property and a partition sale of the remaining part. 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. History (1887, c. 214, s. 1; Rev., s. 2506; C.S., s. 3227; 2020-23, ss. 2(r), 3.) Editor's Note. - This section is former G.S. 46-16 , as recodified by Session Laws 2020-23, s. 2(r), 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 notes for this section include decisions 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.