§ 16-2936 — Partition procedures.

(1) If no cotenant requested partition by sale, or, if after completion of the procedures described in § 16-2935 , a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in § 16-2937 , finds that partition in kind will result in great prejudice to the cotenants as a group.

(2) In considering whether to order partition in kind, the court shall approve a request by 2 or more parties to have their individual interests aggregated.

(b) If the court does not order partition in kind pursuant to subsection (a) of this section, the court shall order partition by sale pursuant to § 16-2938 , or, if no cotenant requested partition by sale, the court shall dismiss the action.

(c) If the court orders partition in kind pursuant to subsection (a) of this section, the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.

(d) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to § 16-2935(g) , a part of the real property representing the combined interests of these cotenants as determined by the court, and this part of the real property shall remain undivided.