§ 46-22. Sale in lieu of partition. - North Carolina Statutes

Article 2.

Partition Sales of RealProperty.

§ 46‑22.  Sale in lieuof partition.

(a)        Subject to G.S. 46‑22.1(b),the court shall order a sale of the property described in the petition, or ofany part, only if it finds, by a preponderance of the evidence, that an actualpartition of the lands cannot be made without substantial injury to any of theinterested parties, after having considered evidence in favor of actualpartition and evidence in favor of a sale presented by any of the interestedparties.

(b)        In determiningwhether an actual partition would cause "substantial injury" to anyof the interested parties, the court shall consider the following:

(1)        Whether the fairmarket value of each cotenant's share in an actual partition of the propertywould be materially less than the amount each cotenant would receive from thesale of the whole.

(2)        Whether an actualpartition would result in material impairment of any cotenant's rights.

(b1)      The court, in itsdiscretion, shall consider the remedy of owelty where such remedy can aid inmaking an actual partition occur without substantial injury to the parties.

(c)        The court shallmake specific findings of fact and conclusions of law supporting an order ofsale of the property.

(d)        The party seeking asale of the property shall have the burden of proving substantial injury underthe provisions of this section.  (1868‑9, c. 122, ss. 13, 31; Code, ss. 1904,1921; Rev., s. 2512; C.S., s. 3233; 1985, c. 626, s. 1; 2009‑512, s. 2.)