Title 34, Title 34 Title 34

If the deceased person’s heirs or devisees voluntarily appear in court without notice as provided in § 34-15-12, the court may proceed without further delay to try, render judgment, and proceed in the action.

In actions for partition against several defendants, each of the defendants may answer severally, or any two (2) or more may answer jointly, and in their answers set forth the right or interest which they and each of them have in the estate for the partition of which the action i…

In actions for partition, the court may order the share of any plaintiff or of any defendant, or of any two (2) or more of the parties plaintiff and defendant, to be set off to the party or parties, dividing the remainder or leaving it undivided, in its discretion.

In an action for partition, the superior court may, in its discretion, upon motion of any party to the action, order the whole premises sought to be divided, or any particular lot, portion, or tract thereof or the interest of the plaintiff or plaintiffs or of the defendant or def…

No person interested in the estate and not a party to the action shall be bound by the sale, but the court may, upon motion, proceed to make all persons interested in the estate parties to the action, though nonresident, absent, or unknown, in the manner provided in this chapter;…

In case of a sale under this chapter, the proceeds of the sale shall be divided, under the direction of the court, between the parties entitled thereto, in lieu of their interest in the estate ordered or decreed to be sold, and the portion of the proceeds of sale to which any par…

Whenever in any action for partition of real estate it is alleged or it appears that any person claims or may claim any right, title, or interest in the estate adversely or otherwise to any party to the action, the court before whom the action is pending may order that person to …

All joint tenants, coparceners, and tenants in common, who now are or hereafter may be actually seised or possessed of any estate for life or years in any lands, tenements, or hereditaments, may be compelled to make the partition between them of such lands, tenements, and heredit…

Partition may be made of any lands, tenements, or hereditaments between the person or persons who hold the fee of any share or shares thereof, and the person or persons who hold or are or may be entitled to any share or shares thereof, for life or in reversion or remainder, and w…

In the event of partition, by sale and division of the proceeds in any partition case under this chapter, the sale shall vest in the purchaser an absolute estate in fee simple in the lands, tenements, or hereditaments so sold, and the share or shares of the proceeds representing …

In an action for partition, the court before which the action may be pending may adjudge and determine, as to it shall appear equitable and just, relative to the apportionment of costs among the parties, plaintiff and defendant, by dividing the costs equally or subjecting either …

In an action for partition, the costs of partition, in such proportion as the court trying the action shall adjudge to be paid by any party or parties to the action, shall be a lien upon the interest of any party or parties in the several shares assigned to the party or parties, …

In actions for partition, after judgment for partition has been entered, the superior court on motion shall appoint and commission one or more discreet, impartial, and disinterested persons to make partition pursuant to such judgment, who shall be sworn to the faithful discharge …

The persons so appointed, first giving reasonable notice to the respective parties, shall make partition between them according to their several rights, as ascertained by the judgment of the court ordering the partition.

In case nonresident, absent, or unknown parties or persons are interested in the partition, the court issuing the partition shall order such notice to be given to the parties or persons interested, by the commissioners appointed to make partition, as the court shall judge proper,…

In an action for partition, the commissioners appointed to make the partition shall report their proceedings, with a plat of the division by them made, to the court by which they have been appointed, and if no sufficient cause is shown for rejecting the report, judgment shall be …

The recording of the plat and judgment pursuant to this chapter shall vest the legal title to the property therein described in the persons to or among whom the property is divided or allotted, and no conveyance shall be required to be executed for the purpose of vesting legal ti…

(a) In all actions for partition, whenever the circumstances in the opinion of the court require that the land to be divided should be platted into lots and certain portions of land laid out for streets or gangways for the convenience of the lots, the decree may authorize the com…

All joint tenants, coparceners, and tenants in common, who now are or hereafter may be actually seised or possessed of any estate for life or years in any lands, tenements, or hereditaments, with others who have estates of inheritance in possession in the same lands, tenements, a…

An executor or administrator with the will annexed, having, by the terms of the testator’s will, power to sell any undivided interest in any real estate of which his or her testator died seised, shall have the power to bring an action to effect a partition of the real estate in a…

If the tenant in reversion or remainder in fee joins with the tenant for life or years in compelling partition of any lands, tenements, or hereditaments, against the other co-tenants, the partition shall be of the whole estate, and binding on the heirs and assigns of all parties.…

Partition of real estate held in joint tenancy or in common, and situated in two (2) or more counties in the state, may be sued for in any county in which any of the real estate is situated.

In actions for partition of real estate, in which it may be alleged or may appear that any party or person interested therein, not a party plaintiff, is not a resident of the state, or where it is alleged or may appear that any person interested has left the state and it is not k…

If a person named defendant in a complaint for partition, being an inhabitant of this state, is temporarily absent from the state, so that, although it may be known where the person is, the complaint or subpoena cannot be personally served upon him or her, legal service may be ma…

If the defendant does not appear to answer the partition action, the cause shall be continued or delayed until his or her return, provided the defendant on or before the expiration of three (3) months from the time when the proceeding shall have been commenced, at which time, if …