This Comment examines partition sales in North Carolina. First is a brief review of tenancy in common ownership and the dissolution remedy of partition. This is followed by a more detailed look into North Carolina's current partition sales statute and recent efforts to amend it. Arguments favoring and opposing the addition of a multi-factor test to the current statute will be discussed, as well as case analysis from three states whose courts consider non-economic factors when determining the appropriateness of ordering a partition sale. The conclusion critiques the arguments for and against the addition of a multi-factor test, and also suggests a method of addressing concerns with North Carolina's current partition law.
Lawrence Anderson Moye IV, Is It All About the Money? Considering a Multi-Factor Test for Determining the Appropriateness of Forced Partition Sales in North Carolina, 33 Campbell L. Rev. 411 (2010).