(A) All joint tenants and tenants in common who hold, jointly or in common, for a term of life or years or of whom one has an estate for a term of life or years with the other that has an estate of inheritance or freehold in any lands, tenements or hereditaments shall be compellable to make severance and partition of all such lands, tenements and hereditaments.
(B) In an action to partition real property, upon motion of a party or from statements contained in the pleadings, a court shall determine, in a preliminary hearing held after the filing of the action, whether the property is heirs' property. If the court determines that the property is heirs' property, the property must be partitioned under Article 3, Chapter 61, Title 15, unless all of the cotenants otherwise agree in a record.
HISTORY: 1962 Code Section 10-2201; 1952 Code Section 10-2201; 1942 Code Section 8826; 1932 Code Section 8826; Civ. C. '22 Section 5292; Civ. C. '12 Section 3522; Civ. C. '02 Section 2436; G. S. 1829; R. S. 1948; 1712 (2) 471, 474; 2016 Act No. 153 (H.3325), Section 3, eff January 1, 2017.
Editor's Note
2016 Act No. 153, Section 6, provides as follows:
"SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date."
Effect of Amendment
2016 Act No. 153, Section 3, added paragraph identifier (A), and added (B), relating to heirs' property.
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