78B-6-1212 - If partition prejudicial, sale in lieu thereof -- Partition by referees.
78B-6-1212. If partition prejudicial, sale in lieu thereof -- Partition by referees.
(1) If the court determines that the property or any part of it cannot be partitioned withoutgreat prejudice to the owners, the court may order the property sold.
(2) If the court determines that the property may be partitioned, it shall order a partitionaccording to the respective rights of the parties determined by the court and appoint three refereesto do the partition. The court shall also designate a portion to remain undivided for the ownerswhose interests remain unknown or are not ascertained.
(3) If the action is for partition of a mining claim among the tenants in common, jointtenants, copartners, or parceners, the court, upon good cause shown by any party or parties ininterest, may, instead of ordering partition to be made in the manner as provided, or a sale of thepremises for cash, direct the referees to divide the claim in the manner provided in Subsections78B-6-1213(5) through (11).
Renumbered and Amended by Chapter 3, 2008 General Session