reglab/housing_qa huggingface dataset:
UT Code § 78B-6-1203 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1203 - Parties -- Only holders of recorded rights necessary.

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 3, 2008 General Session
UT Code § 78B-6-1204 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1204 - Lis pendens required.

 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 known parties;     (ii) the object of the action; and     (iii) a description of the property affected.         (2) Once the notice is filed, all persons having an interest in the property shall be considered to have notice of the pendency of the action.     (3) This section does not apply if a plaintiff satisfies the requirements of a notice of pendency of an action required by Section 38-1a-701 or Section 38-10-106.     (4) If a complaint described in Subsection (1)(a) is amended after the notice is recorded, the plaintiff is not required to file an amended notice unless the property description has changed.    Amended by Chapter 103, 2017 General Session
UT Code § 78B-6-1205 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1205 - Summons -- To whom directed.

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 3, 2008 General Session
UT Code § 78B-6-1206 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1206 - Service by publication.

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 General Session
UT Code § 78B-6-1207 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1207 - Answer must set forth interests claimed.

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 of the mortgage or judgment, and the amounts remaining unpaid. The defendant shall also state whether the mortgage or judgment has been secured in any other way, and if secured, the extent and nature of the security. If this information is not provided, the defendant shall be considered to have waived any rights to the lien.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1208 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1208 - Right of all parties may be determined.

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 service of the summons was made by publication, similar proof is required concerning the rights of absent or unknown parties before judgment is rendered. If there are several unknown persons having an interest in the property, their rights may be considered together in the action.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1209 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1209 - Partial partition allowed -- When.

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) After the initial partition, the court may partition separately each portion allotted among those claiming under a specific tenant whose interest was determined in Subsection (1), unless the parties choose to remain as tenants in common.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1210 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1210 - When all holders of recorded rights are not made parties -- Procedure -- Reference.

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 order the persons made parties to the action by an amendment or supplemental complaint, or appoint a referee to determine whether the liens or encumbrances have been paid. If the referee determines that amounts remain due, the referee shall determine whether the amounts are secured or unsecured and the order of precedence among all the liens or encumbrances on the property.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1211 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1211 - Notice of appearance before referee -- Referee's report.

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.     (2) The summons shall state the specific time and place of the hearing and instruct the person to appear with proof of all amounts due.     (3) If the person cannot be found, the court may direct service to be made by publication in accordance with the Utah Rules of Civil Procedure.     (4) The referee shall provide a report to the court detailing his findings. The court shall confirm, modify, or set aside the findings. If the findings are set aside, a new referee may be appointed in accordance with Section 78B-6-1210.    Enacted by Chapter 3, 2008 General Session
UT Code § 78B-6-1212 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1212 - If partition prejudicial, sale in lieu thereof -- Partition by referees.

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 a partition according to the respective rights of the parties determined by the court and appoint three referees to do the partition. The court shall also designate a portion to remain undivided for the owners whose interests remain unknown or are not ascertained.     (3) If the action is for partition of a mining claim among the tenants in common, joint tenants, copartners, or parceners, the court, upon good cause shown by any party or parties in interest, may, instead of ordering partition to be made in the manner as provided, or a sale of the premises for cash, direct the referees to divide the claim in the manner provided in Subsections 78B-6-1213(5) through (11).    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1214 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1214 - Report of referees.

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
UT Code § 78B-6-1215 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1215 - Confirmation, modification, or vacation by court -- Effect of death of party before judgment.

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 on all persons:   (a) named as parties to the action and their legal representatives, who have at the time any interest in the property, whether as:   (i) owners in fee;     (ii) tenants for life or for years; or     (iii) entitled to the reversion, remainder, or the inheritance of the property or of any portion after the determination of a particular estate in it;       (b) who by any contingency may be entitled to a beneficial interest in the property, or who have an interest in any undivided share thereof as tenants for years or for life;     (c) interested in the property who may be unknown, to whom notice of the action for partition has been given by publications; and     (d) claiming from any parties or persons in Subsection (1)(c).       (2) A judgment is not invalid by reason of the death of any party before final judgment or decree, but the judgment or decree is as conclusive against the heirs, legal representatives, or assigns of the decedent as if it had been entered before the person's death.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1216 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1216 - Tenant for years, less than 10, not affected by judgment.

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
UT Code § 78B-6-1217 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1217 - Referees' expenses and fees -- Apportionment.

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 to the action.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1218 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1218 - Liens on undivided interests -- Apportionment.

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 by Chapter 3, 2008 General Session
UT Code § 78B-6-1219 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1219 - Setoff of estate for life or for years.

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.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1220 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1220 - Proceeds of sale of encumbered property -- Disposition of.

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 all recorded liens in their order of priority, by payment of the sums due and to become due; the amount due to be verified by affidavit at the time of payment;     (4) the residue among the owners of the property sold according to their respective shares therein.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1221 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1221 - Lienholders required to exhaust other security first.

78B-6-1221. Lienholders required to exhaust other security first.  Any party to the action, who holds a lien upon the property or any portion of it and has other securities for the payment of the amount of the lien may be required by the court to exhaust the other securities before a distribution of the proceeds of sale. The court may also order a just reduction to be made from the amount of the lien on the property in the amount of the securities.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1222 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1222 - Distribution of proceeds or securities.

78B-6-1222. Distribution of proceeds or securities.  The proceeds of sale and the securities taken by the referees shall be distributed by the referees to the persons entitled to them whenever the court directs. If no direction for distribution is given, all of the proceeds and securities must be paid into the court.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1223 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1223 - Determination of adverse claims.

78B-6-1223. Determination of adverse claims.  When the proceeds of the sale of any share or parcel belonging to persons who are parties to the action, and who are known or unknown, are paid into court, the action may continue between the parties for the determination of their respective claims. Further evidence may be taken by the court or a referee at the discretion of the court, and the court may, if necessary, require the parties to present the facts or law in controversy by pleadings as in an original action.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1224 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1224 - Sales at public auction -- Notice.

78B-6-1224. Sales at public auction -- Notice.  All sales of real property made by referees under this part shall be made at public auction to the highest bidder, upon notice published in the manner required for the sale of real property on execution. The notice shall state the terms of sale, and if the property or any part of it is to be sold subject to a prior estate, charge, or lien, that fact shall be stated also.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1225 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1225 - Sales on credit -- Order for.

78B-6-1225. Sales on credit -- Order for.  The court shall, in the order of sale, direct the terms of credit which may be allowed for the purchase money of any portion of the premises. For that portion of which the purchase money is required, the court shall also order it to be invested for the benefit of unknown owners, minors or parties out of the state.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1226 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1226 - Security for payment.

78B-6-1226. Security for payment.  The referees may take separate mortgages and other securities;  (1) for the whole or convenient portions of the purchase money;     (2) on any part of the property directed by the court to be sold on credit;     (3) for the shares of any known owner of full age, in the name of the owner;     (4) for the shares of a minor, in the name of the guardian of the minor; and     (5) for other shares, in the name of the clerk of the court and his successors in office.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1227 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1227 - Compensation for interest of tenant for life or years.

78B-6-1227. Compensation for interest of tenant for life or years.  A person entitled to a tenancy for life or years whose estate has been sold, is entitled to receive a sum as reasonable compensation for the estate. The person's consent to accept the sum shall be filed in writing with the clerk of the court. Upon the filing of the consent, the clerk shall enter it in the minutes of the court.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1228 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1228 - Court determines reasonable compensation for tenant.

78B-6-1228. Court determines reasonable compensation for tenant.  If consent is not given, filed, and entered as provided in Section 78B-6-1227 before a judgment of sale is rendered, the court shall determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be allowed on account of the estate, and order the amount paid to the party, or deposited in the court for the person, as the case may require.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1229 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1229 - If tenant unknown.

78B-6-1229. If tenant unknown.  If persons entitled to the estate for life or years are unknown, the court shall provide for the protection of their rights in the same manner as if they were known and had appeared.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1230 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1230 - Protection of vested, contingent, or future rights.

78B-6-1230. Protection of vested, contingent, or future rights.  In all cases of sales if it appears that any person has a vested, contingent, or future right or estate in any of the property sold, the court shall ascertain and settle the proportionate value of the contingent or vested right or estate, and direct the proportion of the proceeds of the sale to be invested, secured, or paid over in a manner that would protect the rights and interests of the parties.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1231 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1231 - Terms of sales -- Separate sale of distinct parcels.

78B-6-1231. Terms of sales -- Separate sale of distinct parcels.  In all cases of sales of property the terms shall be made known at the time, and if the premises consist of distinct farms or lots, they shall be sold separately.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1232 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1232 - Who may not be purchaser.

78B-6-1232. Who may not be purchaser.    (1) A referee or any person for the referee's benefit may not be interested in any purchase.     (2) A guardian of a minor party may not be interested in the purchase of any real property which is the subject of an action under this part except for the benefit of the minor.     (3) All sales contrary to the provisions of this section are void.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1233 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1233 - Report of referees to the courts of sales.

78B-6-1233. Report of referees to the courts of sales.    (1) Once the sale of the property or any portion ordered to be sold is complete, the referees shall file a report with the court.     (2) The report shall include:   (a) a description of the different parcels of land sold to each purchaser;     (b) the name of the purchaser;     (c) the price paid or secured;     (d) the terms and conditions of the sale; and     (e) the securities, if any, taken.       (3) The report shall be filed in the office of the clerk of the court.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1234 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1234 - Referees' deed on confirmation -- Disposition of proceeds.

78B-6-1234. Referees' deed on confirmation -- Disposition of proceeds.  If the sale is confirmed by the court, an order shall be entered directing the referees to execute conveyances and authorizing them to take securities pursuant to sale. The order may also give directions directing the disposition of the proceeds of the sale.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1235 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1235 - Allowance on purchase price -- When interested party is purchaser.

78B-6-1235. Allowance on purchase price -- When interested party is purchaser.  If a party entitled to a share of the property, or a lienholder entitled to have his lien paid out of the sale, becomes a purchaser, the referees may take his receipt for so much of the proceeds of the sale as belongs to him.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-1236 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 12 - Partition|Section 1236 - Conveyance to be recorded -- Operates as a bar.

78B-6-1236. Conveyance to be recorded -- Operates as a bar.    (1) The conveyances shall be recorded in the county where the property is located.     (2) The recording shall be a bar against:   (a) all persons interested in the property in any way, who have been named as parties in the action;     (b) all parties or persons who were unknown, if the summons was served by publication, and all persons claiming under them; and     (c) all persons having unrecorded deeds or liens at the commencement of the action.      Renumbered and Amended by Chapter 3, 2008 General Session