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§ 18-60-1009. Considerations for partition in kind

(a) In determining under § 18-60-1008(a) whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following: (1) whether the heirs property practicably can be divided among the cotenants; (2) whether partition in kind would apportion the property in such a way that the aggregate […]

§ 18-60-1002. Definitions

In this subchapter: (1) (A) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. (B) “Ascendant” includes an adoptive parent and his or her ascendants. (2) “Collateral” means an individual who is related to another individual under § 28-9-214 but who is not the […]

§ 18-60-1003. Applicability — Relation to other law

(a) This subchapter applies to partition actions filed on or after January 1, 2016. (b) In an action to partition real property under § 18-60-401 et seq., the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this subchapter […]