78B-6-1277. Considerations for partition in kind.
(1) In determining under Subsectionwhether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider: 78B-6-1276(1) whether the heirs' property practicably can be divided among the cotenants; whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur; evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other; a cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant; the lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property; the degree to which the cotenants have contributed: the cotenants' pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property; or to the physical improvement, maintenance, or upkeep of the property; and any other relevant factor.
(2) The court may not consider any one factor in Subsectionto be dispositive without weighing the totality of all relevant factors and circumstances. (1)