Title 78B, Title 78B: Judicial Code

78B-6-1202. Complaint -- To set forth interests of all parties. (1) The interests of all persons in the property, whether the persons are known or unknown, shall be set forth in the complaint, specifically and particularly, as far as known to the plaintiff. (2) If one or more of …

78B-6-1203. Parties -- Only holders of recorded rights necessary. A person who does not have a conveyance of, or claim a lien on, the property, or some part of it, is not required to be made a party to the action, unless the conveyance or lien has been properly recorded.

78B-6-1204. Lis pendens required. (1) The plaintiff shall file a notice of the action with the recorders of all the counties in which the property is situated. The notice shall contain: a copy of such complaint; or a notice of the pendency of the action, containing: the names of …

78B-6-1205. Summons -- To whom directed. The summons shall be directed to: (1) all joint tenants; (2) tenants in common of all persons having any interest in, or recorded liens upon the property or any portion of the property; and (3) any other person claiming any interest in the…

78B-6-1206. Service by publication. If a party having a share or interest is unknown, or any one of the known parties resides out of the state or cannot be found, the summons may be served upon them by publication in accordance with the Utah Rules of Civil Procedure.

78B-6-1207. Answer must set forth interests claimed. (1) All defendants shall set forth in their answers, fully and particularly, the origin, nature, and extent of their respective interests in the property. (2) If a defendant claims a lien on the property by mortgage, judgment, …

78B-6-1208. Right of all parties may be determined. The rights of all parties may be put in issue, tried, and determined by the action. If the court determines a sale of the premises is necessary, the title shall be ascertained to the satisfaction of the court before the judgment…

78B-6-1209. Partial partition allowed -- When. (1) If the court determines that it is impracticable or highly inconvenient to make a complete partition among all the parties in interest, the court may first determine the shares or interests respectively held by the original coten…

78B-6-1210. When all holders of recorded rights are not made parties -- Procedure -- Reference. If there are outstanding liens or encumbrances of record upon the property when the action is commenced, the persons holding the liens shall be made parties to the action. If the perso…

78B-6-1211. Notice of appearance before referee -- Referee's report. (1) The referee appointed in Sectionshall set a date to hear from each person holding a lien on the property. The plaintiff shall have a notice and summons served on each person identified in Sectionwho is not a…

78B-6-1212. If partition prejudicial, sale in lieu thereof -- Partition by referees. (1) If the court determines that the property or any part of it cannot be partitioned without great prejudice to the owners, the court may order the property sold. (2) If the court determines tha…

78B-6-1213. Duties and powers of referees -- Procedure. (1) In making the partition the referees must divide the property among the respective parties as determined by the court pursuant to the provisions of this part. (2) The referees may designate the portions by proper landmar…

78B-6-1214. Report of referees. The referees shall provide a written report of their proceedings, specifying the manner in which they executed their trust, describing the property divided, and the shares allotted to each party, with a particular description of each share.

78B-6-1215. Confirmation, modification, or vacation by court -- Effect of death of party before judgment. (1) The court may confirm, change, modify, or set aside the report, and if necessary, appoint new referees. Upon the report being confirmed judgment must be rendered that the…

78B-6-1216. Tenant for years, less than 10, not affected by judgment. The judgment does not affect tenants for years, less than 10, of the whole of the property which is the subject of the partition.

78B-6-1217. Referees' expenses and fees -- Apportionment. The expenses of the referees, including those of the surveyor and his assistants if employed, must be determined and allowed by the court, and the amount, together with the fees allowed by the court in its discretion to th…

78B-6-1218. Liens on undivided interests -- Apportionment. A lien on an undivided interest or estate of any of the parties shall only be a charge on the share assigned to the party after the share is charged with its just proportion of the costs of the partition in preference to …

78B-6-1219. Setoff of estate for life or for years. If there is an estate for life or years in an undivided share of the whole property and only a portion of the property is ordered to be sold, the estate may be set off in any part of the property not ordered to be sold.

78B-6-1220. Proceeds of sale of encumbered property -- Disposition of. The proceeds of the sale of encumbered property shall be applied under the direction of the court, as follows: (1) to pay its just proportion of the general costs of the action; (2) to pay the costs of the ref…

78B-6-1221. Lienholders required to exhaust other security first. Any party to the action, who holds a lien upon the property or any portion of it and has other securities for the payment of the amount of the lien may be required by the court to exhaust the other securities befor…

78B-6-1222. Distribution of proceeds or securities. The proceeds of sale and the securities taken by the referees shall be distributed by the referees to the persons entitled to them whenever the court directs. If no direction for distribution is given, all of the proceeds and se…

78B-6-1223. Determination of adverse claims. When the proceeds of the sale of any share or parcel belonging to persons who are parties to the action, and who are known or unknown, are paid into court, the action may continue between the parties for the determination of their resp…

78B-6-1224. Sales at public auction -- Notice. All sales of real property made by referees under this part shall be made at public auction to the highest bidder, upon notice published in the manner required for the sale of real property on execution. The notice shall state the te…

78B-6-1225. Sales on credit -- Order for. The court shall, in the order of sale, direct the terms of credit which may be allowed for the purchase money of any portion of the premises. For that portion of which the purchase money is required, the court shall also order it to be in…

78B-6-1226. Security for payment. The referees may take separate mortgages and other securities; (1) for the whole or convenient portions of the purchase money; (2) on any part of the property directed by the court to be sold on credit; (3) for the shares of any known owner of fu…

78B-6-1227. Compensation for interest of tenant for life or years. A person entitled to a tenancy for life or years whose estate has been sold, is entitled to receive a sum as reasonable compensation for the estate. The person's consent to accept the sum shall be filed in writing…

78B-6-1228. Court determines reasonable compensation for tenant. If consent is not given, filed, and entered as provided in Sectionbefore a judgment of sale is rendered, the court shall determine what proportion of the proceeds of the sale, after deducting expenses, will be a jus…

78B-6-1229. If tenant unknown. If persons entitled to the estate for life or years are unknown, the court shall provide for the protection of their rights in the same manner as if they were known and had appeared.

78B-6-1230. Protection of vested, contingent, or future rights. In all cases of sales if it appears that any person has a vested, contingent, or future right or estate in any of the property sold, the court shall ascertain and settle the proportionate value of the contingent or v…

78B-6-1231. Terms of sales -- Separate sale of distinct parcels. In all cases of sales of property the terms shall be made known at the time, and if the premises consist of distinct farms or lots, they shall be sold separately.

78B-6-1232. Who may not be purchaser. (1) A referee or any person for the referee's benefit may not be interested in any purchase. (2) A guardian of a minor party may not be interested in the purchase of any real property which is the subject of an action under this part except f…

78B-6-1233. Report of referees to the courts of sales. (1) Once the sale of the property or any portion ordered to be sold is complete, the referees shall file a report with the court. (2) The report shall include: a description of the different parcels of land sold to each purch…

78B-6-1234. Referees' deed on confirmation -- Disposition of proceeds. If the sale is confirmed by the court, an order shall be entered directing the referees to execute conveyances and authorizing them to take securities pursuant to sale. The order may also give directions direc…

78B-6-1235. Allowance on purchase price -- When interested party is purchaser. If a party entitled to a share of the property, or a lienholder entitled to have his lien paid out of the sale, becomes a purchaser, the referees may take his receipt for so much of the proceeds of the…

78B-6-1236. Conveyance to be recorded -- Operates as a bar. (1) The conveyances shall be recorded in the county where the property is located. (2) The recording shall be a bar against: all persons interested in the property in any way, who have been named as parties in the action…

78B-6-1237. Investment of sale proceeds for nonresidents or unknown parties. When there are proceeds of a sale belonging to an unknown owner or to a person outside the state who has no legal representative inside the state, the proceeds shall be invested in bonds of the United St…

78B-6-1238. Clerk of court to be custodian. (1) If the security of the proceeds of the sale is taken, or when an investment of any proceeds is made, it shall be done, except as otherwise provided, in the name of the clerk of the court. (2) The clerk of the court shall hold the se…

78B-6-1239. Distribution of securities to parties entitled. If security is taken by the referees on a sale, and the parties interested in the security, by an instrument in writing delivered to the referees, agree upon the shares and proportions to which they are respectively enti…

78B-6-1240. Investment of securities by court clerk -- Accounting. The clerk of the court in whose name a security is taken or by whom an investment is made, and his successors in office, shall receive the interest and principal as it becomes due, and apply and invest the same as…

78B-6-1241. Equalization. (1) If a partition cannot be made equally among the parties according to their respective rights without prejudice to the rights and interests of some of them, and a partition is ordered, the courts may order compensation made by one party to another on …

78B-6-1242. Interests of minor -- Payment to guardian. If the share of a minor is sold, the court may order the proceeds of the sale to be paid by the referee making the sale to the minor's general guardian or to the special guardian appointed for the minor in the action.

78B-6-1243. Partition -- Payment of costs -- Enforcement of judgment. (1) The costs of partition, including reasonable attorney fees, expended by the plaintiff or any of the defendants for the common benefit, fees of referees and other disbursements shall be paid by the parties e…

78B-6-1244. One referee instead of three allowed by consent. The court, with the consent of the parties, may appoint a single referee instead of three referees in the proceedings under the provisions of this part, and the single referee has all the powers, and may perform all the…

78B-6-1245. Lien for costs and expenses advanced by one for benefit of all. (1) The court shall allow expenses incurred, including attorney fees, in prosecuting or defending other actions or proceedings by any one of the tenants in common for the protection, confirmation or perfe…

78B-6-1246. Abstract of title -- Costs and inspection. (1) If the court determines that it was necessary to have an abstract of the title to the property to be partitioned created and the abstract has been procured by a party to the proceeding, the cost of the abstract, with inte…

78B-6-1247. Interest on advances to be allowed. Any disbursement made by a party under the direction of the court during the action shall accrue interest from the date it is made.