N.C. Gen. Stat. » Chapter 46A
NC General Statutes

N.C. Gen. Stat. § 46A-3 (2026)

Attorneys' fees

✓ current as of July 2026
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(a) In proceedings to partition property under this Chapter, the court shall allocate among all the cotenants of the property those reasonable attorneys' fees incurred by any cotenant for the common benefit of all the cotenants, unless a cotenant shows that doing so would be inequitable. The allocation shall be according to each cotenant's interest in the property.

(b) The attorneys' fees described in subsection (a) of this section do not include attorneys' fees incurred in disputing the method of partition or the division of the proceeds of a partition sale. Reasonable attorneys' fees incurred by a cotenant in disputing an issue described in this subsection shall be allocated by the court among those cotenants determined by the court to be aligned with the cotenant on that issue. The allocation shall be according to each aligned cotenant's interest in the property relative to the total interest of all the aligned cotenants in the property.

(c) The court has discretion to allocate among the parties reasonable attorneys' fees that are not described in subsection (a) or (b) of this section. (2020-23, s. 3.)

 

§ 46A-4: Reserved for future codification purposes.

 

§ 46A-5: Reserved for future codification purposes.

 

§ 46A-6: Reserved for future codification purposes.

 

§ 46A-7: Reserved for future codification purposes.

 

§ 46A-8: Reserved for future codification purposes.

 

§ 46A-9: Reserved for future codification purposes.

 

§ 46A-10: Reserved for future codification purposes.

 

§ 46A-11: Reserved for future codification purposes.

 

§ 46A-12: Reserved for future codification purposes.

 

§ 46A-13: Reserved for future codification purposes.

 

§ 46A-14: Reserved for future codification purposes.

 

§ 46A-15: Reserved for future codification purposes.

 

§ 46A-16: Reserved for future codification purposes.

 

§ 46A-17: Reserved for future codification purposes.

 

§ 46A-18: Reserved for future codification purposes.

 

§ 46A-19: Reserved for future codification purposes.

 

Article 2.

Partition of Real Property.

Part 1. General Provisions.
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Kassel v. Rienth (N.C. Ct. App. 2023).
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Kassel v. Rienth (N.C. Ct. App. 2023). · cites it 2× “Plaintiffs’ Complaint asserted six causes of action including: breach of the Lease Agreement, breach of offer to purchase and contract, specific performance, reasonable attorney’s fees pursuant to N.C. Gen. Stat. § 46A-3, punitive damages pursuant to N.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.