PocketLaw | Utah Code | Partition

Partition

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Partition -- By cotenants of real property.

Complaint -- To set forth interests of all parties.

Parties -- Only holders of recorded rights necessary.

Lis pendens required.

Summons -- To whom directed.

Service by publication.

Answer must set forth interests claimed.

Right of all parties may be determined.

Partial partition allowed -- When.

When all holders of recorded rights are not made parties -- Procedure -- Reference.

Notice of appearance before referee -- Referee's report.

If partition prejudicial, sale in lieu thereof -- Partition by referees.

Duties and powers of referees -- Procedure.

Report of referees.

Confirmation, modification, or vacation by court -- Effect of death of party before judgment.

Tenant for years, less than 10, not affected by judgment.

Referees' expenses and fees -- Apportionment.

Liens on undivided interests -- Apportionment.

Setoff of estate for life or for years.

Proceeds of sale of encumbered property -- Disposition of.

Lienholders required to exhaust other security first.

Distribution of proceeds or securities.

Determination of adverse claims.

Sales at public auction -- Notice.

Sales on credit -- Order for.

Security for payment.

Compensation for interest of tenant for life or years.

Court determines reasonable compensation for tenant.

If tenant unknown.

Protection of vested, contingent, or future rights.

Terms of sales -- Separate sale of distinct parcels.

Who may not be purchaser.

Report of referees to the courts of sales.

Referees' deed on confirmation -- Disposition of proceeds.

Allowance on purchase price -- When interested party is purchaser.

Conveyance to be recorded -- Operates as a bar.

Investment of sale proceeds for nonresidents or unknown parties.

Clerk of court to be custodian.

Distribution of securities to parties entitled.

Investment of securities by court clerk -- Accounting.

Equalization.

Interests of minor -- Payment to guardian.

Partition -- Payment of costs -- Enforcement of judgment.

One referee instead of three allowed by consent.

Lien for costs and expenses advanced by one for benefit of all.

Abstract of title -- Costs and inspection.

Interest on advances to be allowed.