Title 36, Civil Remedies And Defenses And Special Proceedings

[§668A-13] Uniformity of application and construction. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact similar uniform legislation. [L 2016, c 260, pt…

[§668A-14] Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, P.L. 106-229, title 15 United States Code chapter 96, but does not modify, limit,…

[§668A-2] Definitions. As used in this chapter: "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. "Collateral" means an individual who is related to another individual under the law of intestate suc…

[§668A-3] Applicability; relation to other law. (a) This chapter applies to actions for partition filed on or after January 1, 2017. (b) In any action for partition of real property under chapter 668, the court shall determine whether the property is heirs property. If the court …

[§668A-4] Service; notice by posting. (a) This chapter does not limit or affect the method by which service of a complaint in an action for partition may be made. (b) If an order of service by publication of the summons for an action for partition of real property is granted and …

[§668A-5] Commissioners. If the court appoints commissioners pursuant to section 668-13, each commissioner, in addition to the requirements and disqualifications applicable to commissioners in section 668-13, shall be disinterested, impartial, and neither a party to nor a partici…

[§668A-6] Special master. The court shall appoint a special master to fulfill the notice requirements pursuant to this chapter or that are not specifically assigned to any cotenant by this chapter. The costs of the services of the special master and the expenses of the notices sh…

[§668A-7] Determination of value. (a) Except as otherwise provided in subsections (b) and (c), if the court determines that the property that is the subject of the action for partition is heirs property, the court shall determine the fair market value of the property by ordering …

§668A-8 Cotenant buyout. (a) If any cotenant requested partition by sale, after the determination of value under section 668A-7, the special master shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy the interest of any co…

[§668A-9] Partition alternatives. (a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to section 668A-8, or if after conclusion of the buyout under section 668A-8, a cotenant remains that has requested partition…