2006 Utah Code - 78-39-12 — If partition prejudicial, sale in lieu thereof -- Partition by referees.

     78-39-12.   If partition prejudicial, sale in lieu thereof -- Partition by referees.
     If it is alleged in the complaint and established by the evidence, or if it appears by the evidence without such allegation in the complaint, to the satisfaction of the court, that the property or any part of it is so situated that the partition cannot be made without great prejudice to the owners, the court may order a sale thereof; otherwise, upon the requisite proofs being made, it must order a partition according to the respective rights of the parties as ascertained by the court, and appoint three referees therefor, and must designate the portion to remain undivided for the owners whose interests remain unknown or are not ascertained; provided, however, that when the action is for partition of a mining claim among the tenants in common, joint tenants, copartners or parceners thereof the court, upon good cause shown by any party or parties in interest, may, instead of ordering partition to be made in the manner as hereinbefore provided, or a sale of the premises for cash, direct the referees to divide the claim in the manner hereinafter provided.

No Change Since 1953