N.C. Gen. Stat. § 46A-25
Partition of real property subject to a contingent future interest; requirements
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
When real property is subject to a contingent future interest, any judgment partitioning the property is valid and binding upon all persons having an interest in the property, whether or not in being, if all of the following requirements are met:
When real property is subject to a contingent future interest, any judgment partitioning the property is valid and binding upon all persons having an interest in the property, whether or not in being, if all of the following requirements are met:
(1) The following persons are parties: Persons with a present interest or a vested future interest.
(1) The following persons are parties: Persons with a present interest or a vested future interest.
(2) Persons in being with a contingent future interest and that would have a present interest if the contingency had occurred at the time the proceeding was commenced.
(2) Persons in being with a contingent future interest and that would have a present interest if the contingency had occurred at the time the proceeding was commenced.
(3) Persons not in being with a contingent future interest.
(3) Persons not in being with a contingent future interest.
(4) The following parties are represented by a guardian ad litem appointed under G.S. 1A-1, Rule 17: Unborn individuals.
(4) The following parties are represented by a guardian ad litem appointed under G.S. 1A-1, Rule 17: Unborn individuals.
(5) Parties not in being.
(5) Parties not in being.
(6) Parties who are minors or incompetent adults and who do not have a guardian of the estate or general guardian.
(6) Parties who are minors or incompetent adults and who do not have a guardian of the estate or general guardian.
(7) Unknown or unlocatable parties.
(7) Unknown or unlocatable parties.
History
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.