{"data":{"id":"us-ut/utah-code-78b-6-1277","jurisdiction":"us-ut","citation":"Utah Code § 78B-6-1277","heading":"Considerations for partition in kind.","body":"(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:\n(a) whether the heirs' property practicably can be divided among the cotenants;\n(b) whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;\n(c) evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;\n(d) a cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;\n(e) the lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;\n(f) the degree to which the cotenants have contributed:\n(i) the cotenants' pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property; or\n(ii) to the physical improvement, maintenance, or upkeep of the property; and\n(g) any other relevant factor.\n(2) The court may not consider any one factor in Subsection (1) to be dispositive without weighing the totality of all relevant factors and circumstances.","path":["Title 78B Judicial Code","Chapter 78B-6 Particular Proceedings","Part 78B-6-12a Uniform Partition of Heirs' Property Act"],"source_url":"https://le.utah.gov/xcode/Title78B/Chapter6/78B-6-S1277.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"800b710d3f18872a9d2f79eb33eff4a37e4ed25c3f0c42528ad88aeda69b10c4","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-78b-6-1276","next":"us-ut/utah-code-78b-6-1278"},"notice":"GroundRules: Original legal text. Not legal advice."}