70-29-104: Who must be parties -- permissible plaintiffs.
Where this section sits in the code
- TITLE 70. PROPERTY
- CHAPTER 29. PARTITION OF REAL PROPERTY
- Part 1. Preliminary Procedure
(1) The following must be parties to an action for partition:
(a) every person having an undivided share, in possession or otherwise, in the property as tenant in fee, for life, or for years;
(b) every person entitled to the reversion, remainder, or inheritance of an undivided share, after the determination of a particular estate therein;
(c) every person who by any contingency contained in a devise or grant or otherwise is or may become entitled to a beneficial interest in an undivided share thereof;
(d) every person having an inchoate right of dower in an undivided share in the property; and
(e) every person having a right of dower in the property or any part thereof which has not been admeasured.
(2) But no person other than a joint tenant or a tenant in common of the property shall be a plaintiff in the action.
Collected 2026-09-14T04:58:45Z. Source file · JSON