2005 North Carolina Code - General Statutes § 46-22. Sale in lieu of partition.

Article 2.

Partition Sales of Real Property.

§ 46‑22.  Sale in lieu of partition.

(a)       The court shall order a sale of the property described in the petition, or of any part, only if it finds, by a preponderance of the evidence, that an actual partition of the lands cannot be made without substantial injury to any of the interested parties.

(b)       "Substantial injury" means the fair market value of each share in an in‑kind partition would be materially less than the share of each cotenant in the money equivalent that would be obtained from the sale of the whole, and if an in‑kind division would result in material impairment of the cotenant's rights.

(c)       The court shall specifically find the facts supporting an order of sale of the property.

(d)       The party seeking a sale of the property shall have the burden of proving substantial injury under the 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.)