Utah § 78B-6-1212 If partition prejudicial, sale in lieu thereof -- Partition by referees.

Utah Statutes

§ 78B-6-1212 — If partition prejudicial, sale in lieu thereof -- Partition by referees.

Utah § 78B-6-1212

Title 78BJudicial Code

Ch. 78B-6Particular Proceedings

Part 78B-6-12Partition

This text of Utah § 78B-6-1212 (If partition prejudicial, sale in lieu thereof -- Partition by referees.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 78B-6-1212 (2026).

Text

(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 premis

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(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).