12-1211. Compelling partition; complaint A. The owner or claimant of real property or any interest therein may compel a partition of the property between him and other owners or claimants by filing a complaint in the superior court of the county in which the property, or a portion thereof, is situated. B. The complaint shall […]
12-1212. Unknown owner; notice and service by publication; protection of rights in decree A. If plaintiff makes affidavit that an undivided portion of the land described in the complaint is owned by some person unknown to affiant, a summons shall be issued to the unknown owner. The summons shall contain a brief statement of the […]
12-1213. Hearing and issues Upon the hearing the court shall determine the share or interest in the property sought to be divided of each of the owners or claimants, and all questions affecting the title thereto, or any part thereof.
12-1214. Abstract of title; inspection; cost A. If it is necessary to have an abstract of title of the property to be partitioned, plaintiff may procure one before commencing the action and may in his complaint state that he has done so and that the abstract is subject to inspection and use of all parties […]
12-1215. Entry and contents of judgment; appointment of commissioners; surveyor A. The court shall enter a judgment directing that partition of the real property be made in accordance with the shares or interests of the parties entitled thereto and specifying the share or interest of each party. B. The court shall appoint three or more […]
12-1216. Duties of commissioners The commissioners or a majority of them shall partition the property in accordance with the judgment. They may cause the property to be surveyed into several tracts. They shall divide the property into as many shares as there are persons entitled thereto, each share to contain one or more tracts as […]
12-1217. Report of commissioners A. When the partition is completed, the commissioners shall report in writing and under oath to the court. The report shall set forth: 1. A description of the real property divided. 2. The several tracts or parcels into which the real property was divided by them, describing particularly each of such […]
12-1218. Report of commissioners when property incapable of fair division; sale; distribution of proceeds A. If the commissioners are of the opinion that fair and equitable division of the property or any part thereof cannot be made, they shall report such opinion to the court, stating their reasons therefor, and if the court approves such […]
12-1219. Objection to commissioner’s report; hearing Any party may file objections to any report of the commissioners in partition, and a hearing of the objections shall be had as in other cases. If the report is found erroneous in a material respect, or unequal and unjust, it shall be rejected and other commissioners shall be […]
12-1220. Partition involving future estates; title of property after partition A. When a partition is made between an owner who holds an estate for a term of years or for life with others who hold equal or greater estates, the partition shall not be prejudicial to those entitled to the reversion or remainder of such […]
12-1221. Effect of judgment confirming report of commissioners The judgment of the court which confirms the report of partition shall vest in each party to whom a share is allotted the title to such share as against the other parties to the partition, their heirs, executors, administrators or assigns, as fully and effectually as the […]
12-1222. Partition of personal property; parties Part owners of personal property may be compelled to make partition between them by an action for partition commenced in the court having jurisdiction of the value of such property in the same manner as other civil actions are commenced. The several owners or claimants of such property shall […]
12-1223. Writ of possession or sale of personal property A. When a partition in kind of personal property is ordered, a writ shall be issued in accordance with the judgment, commanding the sheriff or a constable of the county where the property is located to put the parties forthwith in possession of the property allotted. […]
12-1224. Proceedings not exclusive; rules of procedure A. The provisions of this article shall not preclude partition in any other manner authorized by law. B. The rules of pleading and procedure which govern other civil actions shall govern actions for partition when not in conflict with the proceedings provided by this article.
12-1225. Compensation of commissioners and surveyor A. The commissioners in partition and the surveyor shall be paid such sum per day for each day they are engaged in making and returning the partition as the court deems reasonable, considering the services rendered, and the compensation allowed shall be taxed and collected as costs of the […]
