North Carolina § 46A-21 - Petition by cotenant or personal representative of cotenant; necessary and proper parties; joinder of spouses.
Full text of North Carolina North Carolina General Statutes § 46A-21 — Petition by cotenant or personal representative of cotenant; necessary and proper parties; joinder of spouses., with citation guidance and answers to common questions.
§ 46A-21. Petition by cotenant or personal representative of cotenant; necessary and proper parties; joinder of spouses.
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. 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. The petitioner is not required to serve or join spouses of cotenants of the real property unless the spouse is also a cotenant. History (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.) Cross References. - As to procedure for sale or mortgage of property where there is a vested interest and a contingent remainder to uncertain persons, see G.S. 41-11. As to unknown parties, see G.S. 46-6 . As to partition sales, see G.S. 46-22 et seq. Editor's Note. - This section is former G.S. 46-3 , as recodified by Session Laws 2020-23, s. 2(d), 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.
Source: official North Carolina text · Last verified 2026-08-27
Frequently Asked Questions About North Carolina § 46A-21
What does North Carolina General Statutes § 46A-21 cover?
Section 46A-21 ("Petition by cotenant or personal representative of cotenant; necessary and proper parties; joinder of spouses.") is part of the North Carolina General Statutes, the codified statutory law of North Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite North Carolina § 46A-21?
A common citation format is "North Carolina General Statutes § 46A-21" (North Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of North Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Carolina official source linked on this page or consult a licensed North Carolina attorney.
How does North Carolina § 46A-21 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in North Carolina.