78B-6-1243 - Partition -- Payment of costs -- Enforcement of judgment.
78B-6-1243. Partition -- Payment of costs -- Enforcement of judgment.
(1) The costs of partition, including reasonable attorney fees, expended by the plaintiff orany of the defendants for the common benefit, fees of referees and other disbursements shall bepaid by the parties entitled to share in the lands divided, in proportion to their respectiveinterests, and may be included and specified in the judgment. The costs shall be a lien on theseveral shares, and the judgment may be enforced by execution against the shares and againstother property held by the respective parties.
(2) If litigation arises between some of the parties, the court may require the expenses ofthe litigation to be paid by the parties to the litigation.
Renumbered and Amended by Chapter 3, 2008 General Session