ARTICLE 1. Partition of Real Property.

§ 46-1: Recodified as G.S. 46A-1 by Session Laws 2020-23, s. 2(a), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-2: Recodified as G.S. 46A-20 by Session Laws 2020-23, s. 2(b), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-2.1: Recodified as G.S. 46A-2 by Session Laws 2020-23, s. 2(c), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-3: Recodified as G.S. 46A-21 by Session Laws 2020-23, s. 2(d), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-3.1: Recodified as G.S. 46A-28 by Session Laws 2020-23, s. 2(e), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-4: Recodified as G.S. 46A-24 by Session Laws 2020-23, s. 2(f), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-5: Recodified as G.S. 46A-23 by Session Laws 2020-23, s. 2(g), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-6: Recodified as G.S. 46A-22 by Session Laws 2020-23, s. 2(h), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-7: Recodified as G.S. 46A-50(a) by Session Laws 2020-23, s. 2(i), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-7.1: Recodified as G.S. 46A-50(b) by Session Laws 2020-23, s. 2(j), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-8: Recodified as G.S. 46A-50(c) by Session Laws 2020-23, s. 2(k), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

Cross References. - As to form of oath, see G.S. 11-11.

§ 46-9: Recodified as G.S. 46A-50(d) by Session Laws 2020-23, s. 2( l ), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-10: Recodified as G.S. 46A-51(a) by Session Laws 2020-23, s. 2(m), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-11: Recodified as G.S. 46A-51(b) by Session Laws 2020-23, s. 2(n), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-12: Recodified as G.S. 46A-51(c) by Session Laws 2020-23, s. 2(o), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-13: Recodified as G.S. 46A-52 by Session Laws 2020-23, s. 2(p), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-14: Recodified as G.S. 46A-25 by Session Laws 2020-23, s. 2(q), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-15: Repealed by Session Laws 1959, c. 879, s. 14.

Cross References. - As to intestate succession, see G.S. 29-1 et seq.

As to abolition of dower and curtesy, see G.S. 29-4.


§ 46-16: Recodified as G.S. 46A-26 by Session Laws 2020-23, s. 2(r), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-17: Recodified as G.S. 46A-55(a) by Session Laws 2020-23, s. 2(s), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-17.1: Recodified as G.S. 46A-54 by Session Laws 2020-23, s. 2(t), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-18: Recodified as G.S. 46A-55(b) by Session Laws 2020-23, s. 2(u), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-19: Recodified as G.S. 46A-56 by Session Laws 2020-23, s. 2(v), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-20: Recodified as G.S. 46A-57 by Session Laws 2020-23, s. 2(w), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-21: Recodified as G.S. 46A-58 by Session Laws 2020-23, s. 2(x), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

ARTICLE 2. Partition Sales of Real Property.

§ 46-22: Recodified as G.S. 46A-75 by Session Laws 2020-23, s. 2(y), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

Cross References. - As to power of court to enter judgment for money due on judicial sales, see G.S. 1-243.

§ 46-22.1: Recodified as G.S. 46A-29 by Session Laws 2020-23, s. 2(z), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-23: Recodified as G.S. 46A-79 by Session Laws 2020-23, s. 2(aa), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

Cross References. - As to sale, lease or mortgage in case of remainders, see G.S. 41-11.

§ 46-24: Recodified as G.S. 46A-78 by Session Laws 2020-23, s. 2(bb), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-25: Recodified as G.S. 46A-80 by Session Laws 2020-23, s. 2(cc), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-26: Recodified as G.S. 46A-81 by Session Laws 2020-23, s. 2(dd), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-27: Recodified as G.S. 46A-82 by Session Laws 2020-23, s. 2(ee), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-28: Subsections (a) and (b) were recodified as G.S. 46A-76(a), (d), and subsection (c) was recodified as G.S. 46A-77, by Session Laws 2020-23, s. 2(ff), (gg), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-28.1: Subsections (a), (b), (c), (d), and (e) were recodified as G.S. 46A-83(a), (c), (d), (e), and (f), subsection (d1) was recodified as G.S. 46A-84, and subsection (f) was recodified as G.S. 46A-85(a), by Session Laws 2020-23, s. 2(hh), (ii), (jj), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-28.2: Recodified as G.S. 46A-85(b) by Session Laws 2020-23, s. 2(kk), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-29: Repealed by Session Laws 1949, c. 719, s. 2.

§ 46-30: Recodified as G.S. 46A-85(c) by Session Laws 2020-23, s. 2( ll ), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-31: Recodified as G.S. 46A-76(c) by Session Laws 2020-23, s. 2(mm), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-32: Repealed by Session Laws 1949, c. 719, s. 2.

§ 46-33: Recodified as G.S. 46A-85(d) by Session Laws 2020-23, s. 2(nn), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-34: Recodified as G.S. 46A-86 by Session Laws 2020-23, s. 2(oo), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

ARTICLE 3. Partition of Lands in Two States.

§§ 46-35 through 46-41: Repealed by Session Laws 1943, c. 543.

ARTICLE 4. Partition of Personal Property.

§ 46-42: Recodified as G.S. 46A-100 by Session Laws 2020-23, s. 2(pp), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-43: Recodified as G.S. 46A-101(b) by Session Laws 2020-23, s. 2(qq), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-43.1: Recodified as G.S. 46A-101(c) by Session Laws 2020-23, s. 2(rr), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§ 46-44: Recodified as G.S. 46A-102 by Session Laws 2020-23, s. 2(ss), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date.

§§ 46-45, 46-46: Repealed by Session Laws 1949, c. 719, s. 2.