12-1218. Report of commissioners when property incapable of fair division; sale; distribution of proceeds

A. If the commissioners are of the opinion that fair and equitable division of the property or any part thereof cannot be made, they shall report such opinion to the court, stating their reasons therefor, and if the court approves such report, it shall order a sale of the property which is incapable of partition.

B. If on the trial of the action, it appears to the court that fair partition of the property cannot be made without depreciating the value thereof, or that for any reason a sale is more beneficial to the parties or any of them, it shall in the first instance, enter a judgment directing that the real property be sold.

C. The court shall appoint a commissioner to make the sale provided by subsection B and return the proceeds into court to be divided between the persons entitled thereto according to their respective interests. Such commissioner shall sell the real property in the time and manner, and after notice, as directed by the court.

D. The purchaser shall, on production of his deed, be entitled to a writ of assistance to be issued by the clerk, commanding the sheriff or a constable of the county to put him in possession.

12-1218. Report of commissioners when property incapable of fair division; sale; distribution of proceeds

A. If the commissioners are of the opinion that fair and equitable division of the property or any part thereof cannot be made, they shall report such opinion to the court, stating their reasons therefor, and if the court approves such report, it shall order a sale of the property which is incapable of partition.

B. If on the trial of the action, it appears to the court that fair partition of the property cannot be made without depreciating the value thereof, or that for any reason a sale is more beneficial to the parties or any of them, it shall in the first instance, enter a judgment directing that the real property be sold.

C. The court shall appoint a commissioner to make the sale provided by subsection B and return the proceeds into court to be divided between the persons entitled thereto according to their respective interests. Such commissioner shall sell the real property in the time and manner, and after notice, as directed by the court.

D. The purchaser shall, on production of his deed, be entitled to a writ of assistance to be issued by the clerk, commanding the sheriff or a constable of the county to put him in possession.