§ 16-2937 — Considerations for partition in kind.

(a) In determining pursuant to § 16-2936(a) whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following factors:

(1) Whether the real property practicably can be divided among the cotenants;

(2) Whether partition in kind would apportion the real property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the real property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;

(3) Evidence of the collective duration of ownership or possession of the real property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;

(4) A cotenant's sentimental attachment to the real property, including any attachment arising because the real property has ancestral or other unique or special value to the cotenant;

(5) The lawful use being made of the real property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the real property;

(6) The degree to which the cotenants have contributed their pro rata share of the real property taxes, insurance, and other expenses associated with maintaining ownership of the real property or have contributed to the physical improvement, maintenance, or upkeep of the real property; and

(7) Any other relevant factor.

(b) The court shall not consider any one factor in subsection (a) of this section to be dispositive without weighing the totality of all relevant factors.