§ 18-60-609. Effect of title not confirmed
In case any purchaser or purchasers contemplated in any of the provisions of this subchapter, or his, her, or their heirs or assigns, shall not deem it necessary to use the remedy conferred by this subchapter to confirm the title thereto, then the sale shall have the same effect only as is given to it […]
§ 18-60-415. Duties of commissioners
(a) (1) The commissioners shall immediately proceed to make partition, according to the judgment of the court, unless it shall appear to them, or a majority of them, that partition of the premises cannot be made without great prejudice to the owners. (2) In such a case they shall make report of this fact in […]
§ 18-60-416. Court action on commissioners’ report
(a) Upon a report of the divisions by the commissioners appointed for that purpose being returned, the court may confirm or set aside the report or remand it to the commissioners for correction. (b) Upon good cause shown by either party, on the report being made and returned to the circuit court, it may be […]
§ 18-60-417. Deeds of partition
On the confirmation of the report of the division of lands, the commissioners, or some commissioner appointed for the purpose, shall make a deed or deeds of partition, conveying to each party the land allotted to him or her in severalty, which shall be approved by the court and recorded as other deeds.
§ 18-60-418. Costs
The costs of the division shall be apportioned among the parties in the ratio of their interests, and the costs arising from any contest of fact or law shall be paid by the party adjudged to be in the wrong.
§ 18-60-419. Attorney’s fees
(a) (1) In all suits in any of the courts of this state for partition of lands when a judgment is rendered for partition in kind, or a sale and a partition of the proceeds, the court rendering the judgment or decree shall allow a reasonable fee to the attorney bringing the suit. (2) The […]
§ 18-60-420. Sale of land not susceptible to division
(a) If the commissioners appointed under this subchapter report to the court that all or part of the land or tenements of which partition had been directed are so situated that partition cannot be made without great prejudice to the owners of the land or tenements, the court may, if satisfied that the report is […]
§ 18-60-421. Commissioners or other interested parties not to purchase
(a) (1) No commissioner nor any person for his or her benefit shall purchase or be directly or indirectly interested in the purchase of any of the premises sold. (2) No guardian of any minor or person of unsound mind party to the proceedings shall purchase or be interested in the purchase of any of […]
§ 18-60-422. Report and confirmation of sale — Conveyances
(a) After completing the sale, the commissioners shall report their proceedings to the court, on their oath, with a description of the different parcels of the land sold, the name of the purchaser, and the price bid by him or her, and the report shall be filed in the court. (b) If the sale is […]
§ 18-60-423. Distribution of sale proceeds
The proceeds of every sale, after deducting the costs and expenses of the proceedings, shall be divided among the parties whose rights and interests shall have been sold, in proportion to their respective rights in the premises, and shall be paid to them, their guardians, or legal representatives by the commissioners.