78B-6-1209 - Partial partition allowed -- When.
78B-6-1209. Partial partition allowed -- When.
(1) If the court determines that it is impracticable or highly inconvenient to make acomplete partition among all the parties in interest, the court may first determine the shares orinterests respectively held by the original cotenants as if they were the only parties to the action.
(2) After the initial partition, the court may partition separately each portion allottedamong those claiming under a specific tenant whose interest was determined in Subsection (1),unless the parties choose to remain as tenants in common.
Renumbered and Amended by Chapter 3, 2008 General Session