§ 46-5. Petition by judgment creditor of cotenant; assignment of homestead. - North Carolina Statutes

§46‑5.  Petition by judgment creditor of cotenant; assignment ofhomestead.

When any person owns ajudgment duly docketed in the superior court of a county wherein the judgmentdebtor owns an undivided interest in fee in land as a tenant in common, or jointtenant, and the judgment creditor desires to lay off the homestead of thejudgment debtor in the land and sell the excess, if any, to satisfy hisjudgment, the judgment creditor may institute before the clerk of the court ofthe county wherein the land lies a special proceeding for partition of the landbetween the tenants in common, making the judgment debtor, the other tenants incommon and all other  interested persons parties to the proceeding by summons.The proceeding shall then be in all other respects conducted as other specialproceedings for the partition of land between tenants in common. Upon theactual partition of the land the judgment creditor may sue out execution on hisjudgment, as allowed by law, and have the homestead of the judgment debtorallotted to him and sell the excess,  as in other cases where the homestead isallotted under execution. The remedy provided for in this section shall notdeprive the judgment creditor of any other remedy in law or in equity which hemay have for the enforcement of his judgment lien. (1905, c. 429; Rev., s. 2489;C.S., s. 3217.)