Effective 5/4/2022 78B-6-1270. Definitions. As used in this part: (1) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. (2) “Collateral” means an individual who is related to another individual under the law of intestate succession of this state but who is not the […]
Effective 5/4/2022 78B-6-1271. Applicability — Relation to other law. (1) This part applies to partition actions filed on or after May 4, 2022. (2) (a) In an action to partition real property under Title 78B, Chapter 6, Part 12, Partition, the court shall determine whether the property is heirs’ property. (b) If the court determines […]
Effective 5/4/2022 78B-6-1272. Service — Notice by posting. (1) This part does not limit or affect the method by which service of a complaint in a partition action may be made. (2) (a) If the plaintiff in a partition action files a notice by publication and the court determines that the property is heirs’ property, […]
Effective 5/4/2022 78B-6-1273. Referees. If the court appoints referees, each referee, in addition to the requirements and disqualifications applicable to referees in Title 78B, Chapter 6, Part 12, Partition, shall be disinterested and impartial and not a party to or a participant in the action. Enacted by Chapter 304, 2022 General Session
Effective 5/4/2022 78B-6-1274. Determination of value. (1) Except as otherwise provided in Subsections (2) and (3), if the court determines that the property that is the subject of a partition action is heirs’ property, the court shall determine the fair market value of the property by ordering an appraisal in accordance with Subsection (4). (2) […]
Effective 5/4/2022 78B-6-1275. Cotenant buyout. (1) If any cotenant requests a partition by sale, after the determination of value under Section 78B-6-1274, the court shall send notice to the parties that any cotenant, except a cotenant that requested the partition by sale, may buy all the interests of the cotenants that requested partition by sale. […]
Effective 5/4/2022 78B-6-1276. Partition alternatives. (1) (a) Except as provided in Subsection (1)(b), a court shall order partition in kind if: (i) all the interests of all cotenants that requested partition by sale are not purchased by other cotenants in accordance with Section 78B-6-1275; or (ii) after conclusion of the buyout under Section 78B-6-1275, a […]
Effective 5/4/2022 78B-6-1277. Considerations for partition in kind. (1) In determining under Subsection 78B-6-1276(1) whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider: (a) whether the heirs’ property practicably can be divided among the cotenants; (b) whether partition in kind would apportion the property in […]
Effective 5/4/2022 78B-6-1278. Open-market sale, sealed bids, or auction. (1) If the court orders a sale of heirs’ property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group. […]
Effective 5/4/2022 78B-6-1279. Report of open-market sale. (1) Unless required to do so within a shorter time by Title 78B, Chapter 6, Part 12, Partition, a broker appointed under Subsection 78B-6-1278(2) to offer heirs’ property for open-market sale shall file a report with the court no later than seven days after the day on which […]
Effective 5/4/2022 78B-6-1280. Uniformity of application and construction. In applying and construing this part, consideration shall be given to the need to promote uniformity of this uniform law with respect to the subject matter of the uniform law among states that enact this uniform law. Enacted by Chapter 304, 2022 General Session
Effective 5/4/2022 78B-6-1281. Relation to Electronic Signatures in Global and National Commerce Act. This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of […]
