6-501. WHEN PARTITION MAY BE HAD. When several cotenants hold and are in possession of real property as parceners, joint tenants or tenants in common, in which one (1) or more of them have an estate of inheritance, or for life or lives, or for years, an action may be brought by one (1) or […]
6-502. COMPLAINT — ALLEGATIONS OF INTERESTS OF PARTIES. The interests of all persons in the property, whether such persons be known or unknown, must be set forth in the complaint specifically and particularly as far as known to the plaintiff; and if one (1) or more of the parties, or the share or quantity of […]
6-503. PARTIES — LIENHOLDERS AND PURCHASERS OF RECORD. No person having a conveyance of, or claiming a lien on, the property, or of some part of it, need be made a party to the action, unless such conveyance or lien appear of record. History: [(6-503) C.C.P. 1881, sec. 489; R.S., R.C., & C.L., sec. 4562; […]
6-504. LIS PENDENS — FILING AND EFFECT. Immediately after filing the complaint in the district court the plaintiff must file with the recorder of the county, or of the several counties in which the property is situated, either a copy of such complaint or a notice of the pendency of the action, containing the names […]
6-505. SUMMONS — HOW DIRECTED. The summons must be directed to all the joint tenants and tenants in common, and all persons having any interest in, or any liens of record by mortgage, judgment, or otherwise upon the property, or upon any particular portion thereof; and generally, to all persons unknown, who have or claim […]
6-506. SERVICE BY PUBLICATION. If a party having a share or interest is unknown, or any one of the known parties reside out of the state, or cannot be found therein, and such fact is made to appear by affidavit, the summons may be served on such absent or unknown party by publication, as in […]
6-507. ANSWER. The defendants who have been personally served with the summons and a copy of the complaint, or who have appeared without such service, must set forth in their answers fully and particularly, the origin, nature and extent of their respective interests in the property, and if such defendants claim a lien on the […]
6-508. RIGHTS OF ALL PARTIES MAY BE DETERMINED. The rights of the several parties, plaintiff as well as defendant, may be put in issue, tried and determined in such action; and when a sale of the premises is necessary, the title must be ascertained by proof to the satisfaction of the court before the judgment […]
6-509. PARTIAL PARTITION. Whenever from any cause it is, in the opinion of the court, impracticable or highly inconvenient to make a complete partition in the first instance among all the parties in interest, the court may first ascertain and determine the shares or interests respectively held by the original cotenants, and thereupon adjudge and […]
6-510. LIENHOLDERS — DETERMINATION OF RIGHTS. If it appears to the court, by the certificate of the county recorder or clerk, or by the sworn or verified statement of any person who may have examined or searched the records, that there are outstanding liens or encumbrances of record upon such real property, or any part […]
6-511. NOTICE TO LIENHOLDERS. The plaintiff must cause a notice to be served a reasonable time previous to the day for appearance before the referee appointed as provided in the last section, on each person having outstanding liens of record who is not a party to the action, to appear before the referee at a […]
6-512. PARTITION — SALE — REFEREES. If it be alleged in the complaint and established by evidence, or if it appear by the evidence without such allegation in the complaint, to the satisfaction of the court, that the property, or any part of it, is so situated that partition cannot be made without great prejudice […]
6-513. DUTIES OF REFEREES. In making the partition the referees must divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court, pursuant to the provisions of this chapter, designating the several portions by proper […]
6-514. REPORT OF REFEREES. The referees must make a report of their proceedings, specifying the manner in which they executed their trust, and describing the property divided, and the shares allotted to each party, with a particular description of each share. History: [(6-514) C.C.P. 1881, sec. 500; R.S., R.C., & C.L., sec. 4573; C.S., sec. […]
6-515. REPORT OF REFEREES — CONFIRMATION — JUDGMENT. 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 such partition be effectual forever, which judgment is binding and conclusive: 1. On all persons named as parties to the […]
6-516. EFFECT OF JUDGMENT ON TENANTS FOR YEARS. The judgment does not affect tenants for years less than ten (10) to the whole of the property which is the subject of the partition. History: [(6-516) C.C.P. 1881, sec. 502; R.S., R.C., & C.L., sec. 4575; C.S., sec. 6991; I.C.A., sec. 9-516.]
6-517. ALLOWANCE OF EXPENSES OF REFEREES. The expenses of the referees, including those of a surveyor and his assistants when employed, must be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by the court, in its discretion, to the referees, must be apportioned among the different parties to […]
6-518. LIEN ON UNDIVIDED INTEREST — CHARGE ON SHARE ASSIGNED TO LIENOR. When a lien is on an undivided interest or estate of any of the parties, such lien, if a partition be made, shall thenceforth be a charge only on the share assigned to such party; but such share must first be charged with […]
6-519. ESTATE FOR LIFE OR YEARS MAY BE SET OFF. When a part of the property only is ordered to be sold, if there be an estate for life or years in an undivided share of the whole property, such estate may be set off in any part of the property not ordered to be […]
6-520. APPLICATION OF PROCEEDS OF SALE OF ENCUMBERED PROPERTY. The proceeds of the sale of encumbered property must 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 reference. 3. To satisfy and cancel of […]
