§ 78B-6-1276 — Partition alternatives.

(1) (1)(a) Except as provided in Subsection (1)(b), a court shall order partition in kind if:
(1)(a)(i) all the interests of all cotenants that requested partition by sale are not purchased by other cotenants in accordance with Section 78B-6-1275; or
(1)(a)(ii) after conclusion of the buyout under Section 78B-6-1275, a cotenant remains that has requested partition in kind.
(1)(b) A court may not order a partition in kind if the court finds that partition in kind will result in great prejudice to the cotenants as a group after consideration of the factors listed in Section 78B-6-1277.
(1)(c) In considering whether to order partition in kind under Subsection (1)(a), the court shall approve a request by two or more parties to have their individual interests aggregated.
(2) If the court does not order partition in kind under Subsection (1), the court shall order partition by sale in accordance with Section 78B-6-1278, or the court shall dismiss the action if no cotenant requested partition by sale.
(3) If the court orders partition in kind in accordance with Subsection (1), 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.
(4) (4)(a) 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 the cotenants' interests were not bought out in accordance with Section 78B-6-1275, a part of the property representing the combined interests of these cotenants as determined by the court.
(4)(b) The part of the property allocated in accordance with Subsection (4)(a) shall remain undivided.

Legislative History

Enacted by Chapter 304, 2022 General Session