668-15 Conveyances and payments in partition; possession and guaranty.
§668-15 Conveyances and payments in partition; possession and guaranty. The title of every claimant to any share or interest in the property shall be shown to the satisfaction of the court before any conveyance in partition is made to the party of the portion or portions of the land allotted to the share or interest, […]
668-16 Default.
§668-16 Default. All parties who have failed to plead or otherwise defend as provided by the rules of court shall, when that fact is made to appear, be deemed to be in default, and their default shall be entered. Such parties shall be deemed to have consented to such partition or other disposition of the […]
668-17 Costs.
§668-17 Costs. All costs of the proceedings in partition shall be paid by the plaintiff in the first instance, but eventually by all of the parties in proportion to their interests, except such costs which may be occasioned by contests as to particular shares or interests, which shall be charged against the particular shares or […]
668-9 Unknown and absent owners.
§668-9 Unknown and absent owners. The court shall in all cases provide for the protection of the interests of all unknown owners and other owners served under [section] 634-23 or 634-24 who do not appear in the action, in the same manner as far as may be as if they were known and had appeared […]
668-10 Allotments for shares under unproved ownership.
§668-10 Allotments for shares under unproved ownership. In any case where the legal title of a claimant to any particular share or interest has not been shown to the satisfaction of the court but the claimant has color of title thereto and the claim is not controverted, the court may in the general partition allot […]
668-11 Liens and encumbrances.
§668-11 Liens and encumbrances. Where partition is made of any property that is subject as a whole to any lien or encumbrance, the court, with the consent of the encumbrancer, may apportion the encumbrance against the separate portions as partitioned to the parties, or if the property is sold and the encumbrancer’s claim is due […]
668-12 Estates for life and years, and contingent estates.
§668-12 Estates for life and years, and contingent estates. If an estate for life or years is found to exist as to any part of the property or if any estate in dower or by curtesy exists with respect thereto, and the person interested has been served, the estate shall after partition relate only to […]
668-13 Commissioners in partition.
§668-13 Commissioners in partition. The court shall have power in its discretion to appoint a commissioner or commissioners to act under the directions and subject to the approval of the court, and may invest them with power to investigate and report to the court as to the practicability of partition of the property in whole […]
668-14 Sales; auction, notice.
§668-14 Sales; auction, notice. All sales of any property in partition shall be made at public auction, after publication of notice with a brief description of the property to be sold, in at least one newspaper published in the State and having a general circulation in each circuit within which the property is situated, at […]
668-1 Actions for partition. §668-1 Actions for partition.
§668-1 Actions for partition. [Section effective until December 31, 2016. For section effective January 1, 2017, see below.] When two or more persons hold or are in possession of real property as joint tenants or as tenants in common, in which one or more of them have an estate in fee, or a life estate […]