There is a newer version
of
this Section
2021 Utah Code
Title 78B - Judicial Code
Chapter 6 - Particular Proceedings
Part 12 - Partition
Section 1212 - If partition prejudicial, sale in lieu thereof -- Partition by referees.
Universal Citation: UT Code § 78B-6-1212 (2021)
78B-6-1212. If partition prejudicial, sale in lieu thereof -- Partition by referees.
Renumbered and Amended by Chapter 3, 2008 General Session
- (1) If the court determines that the property or any part of it cannot be partitioned without great 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 partition according to the respective rights of the parties determined by the court and appoint three referees to do the partition. The court shall also designate a portion to remain undivided for the owners whose interests remain unknown or are not ascertained.
- (3) If the action is for partition of a mining claim among the tenants in common, joint tenants, copartners, or parceners, 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 provided, or a sale of the premises for cash, direct the referees to divide the claim in the manner provided in Subsections 78B-6-1213(5) through (11).
Renumbered and Amended by Chapter 3, 2008 General Session
Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.