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

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

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. Purchase of Property. - After the order of confirmation becomes final, the successful bidder may immediately purchase the property. 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. 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. History (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.) Editor's Note. - This section is former G.S. 46-28.1(f) , former G.S. 46-28.2 , former G.S. 46-30 , and former G.S. 46-33 , as recodified by Session Laws 2020-23, s. 2(jj), (kk), ( ll ), and (nn), 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 and Attorney General opinions for this section include decisions under former sections. 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 2009-362, s. 4, effective October 1, 2009, in subsection (a), in the introductory language, substituted "within 15 days of entry of the order confirming the partition sale or real property" for "an order confirming the partition sale of real property shall not become final and effective until 15 days after entered. At any time before the confirmation order becomes final and effective"; and added subsection (f). Session Laws 2020-23, s. 3 rewrote the section. For effective date and applicability, see editor's note.