70-29-412. Partition alternatives. (1) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to 70-29-411 or if after conclusion of the buyout under 70-29-411 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 70-29-413, finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, 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 pursuant to 70-29-414 or, if no cotenant requested partition by sale, the court shall dismiss the action.
(3) If the court orders partition in kind pursuant to 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) 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 70-29-411, a part of the property representing the combined interests of these cotenants as determined by the court and this part of the property must remain undivided.
History: En. Sec. 8, Ch. 263, L. 2013.