(1) This part applies to partition actions filed on or after May 4, 2022.

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Terms Used In Utah Code 78B-6-1271

  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 78B-6-1270
(2)

     (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.
     (2)(b) If the court determines that the property is heirs’ property, the property shall be partitioned under this part, unless all of the cotenants otherwise agree in a record.
(3) This part supplements Title 78B, Chapter 6, Part 12, Partition, and if an action is governed by this part, replaces provisions of Title 78B, Chapter 6, Part 12, Partition, that are inconsistent with this part.