Title 12, Courts and Civil Proceedings

A. If any cotenant requested partition by sale after the determination of value pursuant to section 12-3405, subsection C, the court shall provide notice to the parties that any cotenant, except a cotenant that requested partition by sale, may buy all the interests of the cotenan…

A. If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants or if after the conclusion of a buyout pursuant to section 12-3406 a cotenant remains that has requested partition in kind, the court shall order partition in kind unles…

A. In determining under section 12-3407 whether partition in kind would result in manifest prejudice to the cotenants as a group, the court shall consider all of the following factors: 1. Whether the heirs property practicably can be divided among the cotenants. 2. Whether partit…

A. If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bid or an auction would be more economically advantageous and in the best interest of the cotenants as a group. If the court orders an open-market sa…

If the court appoints commissioners pursuant to section 12-1215, each commissioner, in addition to the requirements and disqualifications applicable to commissioners, must be disinterested and impartial and not be a party to or a participant in the action.

In applying and construing this chapter, the courts shall consider the need to promote uniformity of the law with respect to its subject matter among the states that enact the uniform partition of heirs property act.

This section modifies, limits and supersedes the electronic signatures in global and national commerce act (15 United States Code sections 7001 through 7031) but does not modify, limit or supersede section 101(c) of that act (15 United States Code section 7001(c)) or authorize el…