78B-6-1209. Partial partition allowed -- When.
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78B-6-1209. Partial partition allowed -- When.
(1)If the court determines that it is impracticable or highly inconvenient to make a complete partition among all the parties in interest, the court may first determine the shares or interests respectively held by the original cotenants as if they were the only parties to the action.
(2)After the initial partition, the court may partition separately each portion allotted among those claiming under a specific tenant whose interest was determined in Subsection
(1), unless the parties choose to remain as tenants in common.
Renumbered and Amended by Chapter 3 , 2008 General Session