78B-6-1201. Partition — By cotenants of real property. A person who is a joint tenant or tenant in common with another of real property may bring an action to partition the property for the benefit of each tenant. An action for partition may require the sale of the property if it appears that the partition […]
78B-6-1202. Complaint — To set forth interests of all parties. (1) The interests of all persons in the property, whether the persons are known or unknown, shall be set forth in the complaint, specifically and particularly, as far as known to the plaintiff. (2) If one or more of the parties, or the share or […]
78B-6-1203. Parties — Only holders of recorded rights necessary. A person who does not have a conveyance of, or claim a lien on, the property, or some part of it, is not required to be made a party to the action, unless the conveyance or lien has been properly recorded. Renumbered and Amended by Chapter […]
Effective 5/9/2017 78B-6-1204. Lis pendens required. (1) The plaintiff shall file a notice of the action with the recorders of all the counties in which the property is situated. The notice shall contain: (a) a copy of such complaint; or (b) a notice of the pendency of the action, containing: (i) the names of all […]
78B-6-1205. Summons — To whom directed. The summons shall be directed to: (1) all joint tenants; (2) tenants in common of all persons having any interest in, or recorded liens upon the property or any portion of the property; and (3) any other person claiming any interest in the property. Renumbered and Amended by Chapter […]
78B-6-1206. Service by publication. If a party having a share or interest is unknown, or any one of the known parties resides out of the state or cannot be found, the summons may be served upon them by publication in accordance with the Utah Rules of Civil Procedure. Renumbered and Amended by Chapter 3, 2008 […]
78B-6-1207. Answer must set forth interests claimed. (1) All defendants shall set forth in their answers, fully and particularly, the origin, nature, and extent of their respective interests in the property. (2) If a defendant claims a lien on the property by mortgage, judgment, or otherwise, the defendant shall state the original amount and date […]
78B-6-1208. Right of all parties may be determined. The rights of all parties may be put in issue, tried, and determined by the action. If the court determines a sale of the premises is necessary, the title shall be ascertained to the satisfaction of the court before the judgment of sale can be made. If […]
78B-6-1209. Partial partition allowed — When. (1) If the court determines that it is impracticable or highly inconvenient to make a complete partition among all the parties in interest, the court may first determine the shares or interests respectively held by the original cotenants as if they were the only parties to the action. (2) […]
78B-6-1210. When all holders of recorded rights are not made parties — Procedure — Reference. If there are outstanding liens or encumbrances of record upon the property when the action is commenced, the persons holding the liens shall be made parties to the action. If the persons are not made parties, the court shall either […]
78B-6-1211. Notice of appearance before referee — Referee’s report. (1) The referee appointed in Section 78B-6-1210 shall set a date to hear from each person holding a lien on the property. The plaintiff shall have a notice and summons served on each person identified in Section 78B-6-1210 who is not a party to the action. […]
78B-6-1212. If partition prejudicial, sale in lieu thereof — Partition by referees. (1) If the court determines that the property or any part of it cannot be partitioned without great prejudice to the owners, the court may order the property sold. (2) If the court determines that the property may be partitioned, it shall order […]
78B-6-1213. Duties and powers of referees — Procedure. (1) In making the partition the referees must divide the property among the respective parties as determined by the court pursuant to the provisions of this part. (2) The referees may designate the portions by proper landmarks, and may employ a surveyor with the necessary assistants to […]
78B-6-1214. Report of referees. The referees shall provide a written report of their proceedings, specifying the manner in which they executed their trust, describing the property divided, and the shares allotted to each party, with a particular description of each share. Renumbered and Amended by Chapter 3, 2008 General Session
78B-6-1215. Confirmation, modification, or vacation by court — Effect of death of party before judgment. (1) 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 the partition be effectual forever. The judgment shall be binding and conclusive […]
78B-6-1216. Tenant for years, less than 10, not affected by judgment. The judgment does not affect tenants for years, less than 10, of the whole of the property which is the subject of the partition. Renumbered and Amended by Chapter 3, 2008 General Session
78B-6-1217. Referees’ expenses and fees — Apportionment. The expenses of the referees, including those of the surveyor and his assistants if employed, must be determined and allowed by the court, and the amount, together with the fees allowed by the court in its discretion to the referees, shall be apportioned equitably among the different parties […]
78B-6-1218. Liens on undivided interests — Apportionment. A lien on an undivided interest or estate of any of the parties shall only be a charge on the share assigned to the party after the share is charged with its just proportion of the costs of the partition in preference to the lien. Renumbered and Amended […]
78B-6-1219. Setoff of estate for life or for years. If there is an estate for life or years in an undivided share of the whole property and only a portion of the property is ordered to be sold, the estate may be set off in any part of the property not ordered to be sold. […]
78B-6-1220. Proceeds of sale of encumbered property — Disposition of. The proceeds of the sale of encumbered property shall 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 […]
