North Carolina 2021-2022 Session Status: Passed House Bipartisan · 13 D · 9 R · 1 I cosponsors

HB 367 — Uniform Partition of Heirs Property Act.

Last action — Regular Message Received From House

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

142 added · 144 removed

Plain-language change summary

In the latest version of House Bill 367, the sponsors have updated some language and removed certain phrases to clarify the procedures regarding the sale of property among co-owners. The revisions reflect an intent to streamline the court's role in partition proceedings and improve the process for resolving disputes among co-tenants. These changes are important as they aim to make it easier for people involved in property ownership disputes to reach resolution, potentially reducing legal delays and expenses.

→
Previous
Latest
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 2 HOUSE BILL 367 Committee Substitute Favorable 5/4/21 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 1 HOUSE BILL 367 Short Title:
Representatives Szoka, K.
Hall, White, and Turner (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
March 24, 2021 A BILL TO BE ENTITLED AN ACT TO ENACT THE UNIFORM PARTITION OF HEIRS PROPERTY ACT.
Judiciary 1, if favorable, Rules, Calendar, and Operations of the House March 24, 2021 A BILL TO BE ENTITLED AN ACT TO ENACT THE UNIFORM PARTITION OF HEIRS PROPERTY ACT.
*H367-v-2* General Assembly Of North Carolina Session 2021 (7) Partition in kind.
*H367-v-1* General Assembly Of North Carolina Session 2021 (7) Partition in kind.
(c) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and order the petitioner to send notice to the parties of the value.
(c) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.
Oncompletionofthe appraisal, theappraisershall fileasworn or verified appraisal with the court.
Oncompletionoftheappraisal, theappraiser shall fileasworn or verified appraisal with the court.
(e) If an appraisal is conducted pursuant to subsection (d) of this section, not later than 10 days after the appraisal is filed, the court shall order the petitioner to send notice to each party with a known address, stating the following:
(e) If an appraisal is conducted pursuant to subsection (d) of this section, not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address, stating the following:
Page 2 House Bill 367-Second Edition General Assembly Of North Carolina Session 2021 (3) That a partymay file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.
Page 2 House Bill 367-First Edition General Assembly Of North Carolina Session 2021 (3) That a partymay file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.
(g) After a hearing under subsection (f) of this section, but before considering the merits of the partition proceeding, the court shall determine the fair market value of the property and order the petitioner to send notice to the parties of the value.
(g) After a hearing under subsection (f) of this section, but before considering the merits of the partition proceeding, the court shall determine the fair market value of the property and send notice to the parties of the value.
46A-92, the court shall order the petitioner to send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested partition by sale.
46A-92, the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested partition by sale.
(2) If more than one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall allocate the right to buy those interests among the electing cotenants based on each electing cotenant's existing fractional ownership of the entire parcel divided by the total existing fractional ownership of all cotenants electing to buy and order the petitioner to send notice to all the parties of that fact and of the price to be paid by each electing cotenant.
(2) If more than one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall allocate the right to buy those interests among the electing cotenants based on each electing cotenant's existing fractional ownership of the entire parcel divided by the total existing fractional ownership of all cotenants electing to buy and send notice to all the parties of that fact and of the price to be paid by each electing cotenant.
(3) If no cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall order the petitioner to send notice to all the parties of that fact and resolve the partition proceeding under G.S.
(3) If no cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall send notice to all the parties of that fact and resolve the partition proceeding under G.S.
House Bill 367-Second Edition Page 3 General Assembly Of North Carolina Session 2021 (f) No later than 20 days after the court gives notice pursuant to subdivision (3) of subsection (e) of this section, any cotenant that paid may elect to purchase all of the remaining interest by paying the entire price into the court.
(f) No later than 20 days after the court gives notice pursuant to subdivision (3) of subsection (e) of this section, any cotenant that paid may elect to purchase all of the remaining House Bill 367-First Edition Page 3 General Assembly Of North Carolina Session 2021 interest by paying the entire price into the court.
46A-93, a part of the property representing the combined interests of these Page 4 House Bill 367-Second Edition General Assembly Of North Carolina Session 2021 cotenants as determined by the court and the shares of these cotenants shall be apportioned together as one parcel.
46A-93, a part of the property representing the combined interests of these cotenants as determined by the court and the shares of these cotenants shall be apportioned together as one parcel.
"§ 46A-95.
Page 4 House Bill 367-First Edition General Assembly Of North Carolina Session 2021 "§ 46A-95.
(b) If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in this State to offer the propertyfor sale, the court shall appoint the broker and establish a reasonable commission.
(b) If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in this State to offer the property for sale, the court shall appoint the broker and establish a reasonable commission.
House Bill 367-Second Edition Page 5 General Assembly Of North Carolina Session 2021 (e) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale.
House Bill 367-First Edition Page 5 General Assembly Of North Carolina Session 2021 (e) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale.
In apartition proceeding underthis Article,thecourtshall orderoneofthefollowing methods of partitioning the real property:
In apartition proceeding underthis Article,thecourtshall orderoneofthefollowingmethods of partitioning the real property:
This act becomes effective July 1, 2022, and applies to petitions for partition filed on or after that date.
This act becomes effective January 1, 2022, and applies to petitions for partition filed on or after that date.
Page 6 House Bill 367-Second Edition
Page 6 House Bill 367-First Edition
⬇ Download PDF
View plain text versions (3)

How this bill changes current law

9 changes Share ↗

Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill enacts the Uniform Partition of Heirs Property Act, adding new provisions to existing law on partitioning real property.

  • N.C.G.S. § 46A-96

    Reserved for future codification purposes. → § 46A-87. Short title. This Part shall be known and may be cited as the "Uniform Partition of Heirs Property Act."

    This establishes a new section titled 'Short title' for the Uniform Partition of Heirs Property Act.

  • N.C.G.S. § 46A-96

    Reserved for future codification purposes. → § 46A-88. Definitions. As used in this Part, the following definitions apply: ...

    This introduces a definitions section that clarifies terminology used in the new Part regarding heirs property.

  • N.C.G.S. § 46A-96

    Reserved for future codification purposes. → § 46A-89. Applicability; relation to other law. (a) ...

    This section defines how the new provisions relate to existing partition law and when they apply.

  • N.C.G.S. § 46A-96

    Reserved for future codification purposes. → § 46A-90. Service; notice by posting. (a) This Part does not limit or affect the method ...

    This section allows for service and notice requirements specific to partition proceedings involving heirs property.

  • N.C.G.S. § 46A-50

    If the court appoints commissioners pursuant to G.S. 46A-50 or G.S. 46A-76, ... → If the court appoints commissioners pursuant to G.S. 46A-50 or G.S. 46A-76, each commissioner, in addition to the requirements and disqualifications applicable to commissioners in G.S. 46A-50, must be disinterested and impartial and not a party to or a participant in the proceeding.

    This adds new requirements for commissioners to ensure they are disinterested and impartial.

  • N.C.G.S. § 46A-96

    Reserved for future codification purposes. → § 46A-91. Commissioners. If the court appoints commissioners pursuant to G.S. 46A-50 or G.S. 46A-76, ...

    This new section outlines the disinterested and impartial criteria for appointed commissioners.

  • N.C.G.S. § 46A-96

    Reserved for future codification purposes. → § 46A-92. Determination of value. (a) Except as otherwise provided in subsections (b) and (c) ...

    This section details how a court determines the fair market value of heirs property in a partition proceeding.

  • N.C.G.S. § 46A-96

    Reserved for future codification purposes. → § 46A-93. Cotenant buyout. (a) If any cotenant requested partition by sale ...

    This introduces procedures for a cotenant buyout following the determination of property value.

  • N.C.G.S. § 46A-96

    Reserved for future codification purposes. → § 46A-94. Partition by sale; procedures. (a) If the court orders a partition sale ...

    This establishes procedures governing partition sales for heirs property.

Action History

  1. Regular Message Received From House

  2. Passed 1st Reading

  3. Ref To Com On Rules and Operations of the Senate

  4. Regular Message Sent To Senate

  5. Passed 2nd Reading

  6. Passed 3rd Reading

  7. Withdrawn From Cal

  8. Placed On Cal For 05/06/2021

  9. Reptd Fav Com Substitute

  10. Cal Pursuant Rule 36(b)

  11. Placed On Cal For 05/05/2021

  12. Withdrawn From Cal

  13. Re-ref Com On Rules, Calendar, and Operations of the House

  14. Withdrawn From Cal

  15. Cal Pursuant Rule 36(b)

  16. Reptd Fav

  17. Re-ref Com On Rules, Calendar, and Operations of the House

  18. Reptd Fav

  19. Cal Pursuant Rule 36(b)

  20. Placed On Cal For 04/28/2021

  21. Passed 1st Reading

  22. Ref to the Com on Judiciary 1, if favorable, Rules, Calendar, and Operations of the House

  23. Filed

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

3 sponsors · 36 co-sponsors · 140 not signed on · 15 voted No

Sponsors (3)

Co-sponsors (36)

Not signed on (140)

140 members have not signed on to this bill.

Show all 140 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Second Reading

Passed 80 Yea · 28 Nay · 12 Other
Party YeaNayPresentNot Voting
Democratic 26001
Unaffiliated 311004
U 1001
Republican 221806
Total 8028012
% of votes cast 67%23%0%10%
How each member voted (120)
Member Party Vote
Autry — Yea
Clemmons — Yea
Cooper-Suggs — Yea
Farkas — Yea
Fisher — Yea
Gailliard — Yea
Garrison — Yea
Gill — Yea
Graham — Yea
Harris — Yea
Hunt — Yea
Hunter — Yea
Hurtado — Yea
Insko — Yea
Lucas — Yea
Martin — Yea
Richardson — Yea
Terry — Yea
vonHaefen — Yea
Bradford — Yea
Bumgardner — Yea
Carter — Yea
Davis — Yea
Faircloth — Yea
Hardister — Yea
Saine — Yea
Szoka — Yea
Wray — Nay
Boles — Nay
Cleveland — Nay
Elmore — Nay
Hurley — Nay
McElraft — Nay
McNeill — Nay
Mills — Nay
Rogers — Nay
Yarborough — Nay
Moore — Not Voting
Johnson — Not Voting
Sasser — Not Voting
Zachary — Not Voting
C. Smith — Yea
K. Baker — Yea
K. Smith — Yea
R. Smith — Yea
Abe Jones Democratic Yea
Allison A. Dahle Democratic Yea
Amber M. Baker Democratic Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Brandon Lofton Democratic Yea
Brian Turner Democratic Not Voting
Carolyn G. Logan Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
James Roberson Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Terence Everitt Democratic Yea
Terry M. Brown Jr. Democratic Yea
Vernetta Alston Democratic Yea
Zack Hawkins Democratic Yea
Ben T. Moss, Jr. Republican Nay
Bobby Hanig Republican Yea
Brenden H. Jones Republican Not Voting
Charles W. Miller Republican Yea
Chris Humphrey Republican Yea
David Willis Republican Nay
Dean Arp Republican Yea
Dennis Riddell Republican Not Voting
Destin Hall Republican Yea
Diane Wheatley Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Dudley Greene Republican Nay
Edward C. Goodwin Republican Yea
Erin Paré Republican Nay
Frank Iler Republican Yea
Harry Warren Republican Nay
Howard Penny, Jr. Republican Nay
Hugh Blackwell Republican Nay
Jay Adams Republican Yea
Jeff Zenger Republican Not Voting
Jeffrey C. McNeely Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Nay
John R. Bell, IV Republican Nay
John Sauls Republican Nay
Julia C. Howard Republican Nay
Karl E. Gillespie Republican Nay
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Not Voting
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Nay
Mark Brody Republican Yea
Mark Pless Republican Nay
Matthew Winslow Republican Yea
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Nay
Phil Shepard Republican Nay
Ray Pickett Republican Not Voting
Sam Watford Republican Yea
Sarah Stevens Republican Nay
Steve Tyson Republican Yea
Timothy D. Moffitt Republican Yea
W. Ted Alexander Republican Not Voting
William D. Brisson Republican Nay
Carla D. Cunningham U Not Voting
Nasif Majeed U Yea

Official roll call →

Subjects

housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 367?
HB 367 is sponsored by K. Smith, Szoka, Kyle Hall (Republican), Donna McDowell White (Republican), Brian Turner (Democratic), Jay Adams (Republican), Adcock, Autry, Mary Belk (Democratic), Hugh Blackwell (Republican), Bradford, Terry M. Brown Jr. (Democratic), Becky Carney (Democratic), Carter, Allison A. Dahle (Democratic), Faircloth, Garrison, Hanig, Pricey Harrison (Democratic), Hunt, Insko, Nasif Majeed (U), Meyer, Marcia Morey (Democratic), Larry W. Potts (Republican), Amos L. Quick, III (Democratic), Sasser, Larry C. Strickland (Republican), Terry, Harry Warren (Republican), Sam Watford (Republican), Shelly Willingham (Democratic), Wray, Yarborough, Julie von Haefen (Democratic), Joe John (Democratic), Mike Clampitt (Republican), Cecil Brockman (Democratic), and Eric Ager (Democratic).
What is the current status of HB 367?
This bill died with 2021-2022 Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 367?
Track HB 367 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 367

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 367

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →