SECTIONS 872.710-872.730

872.710.  (a) At the trial, the court shall determine whether theplaintiff has the right to partition. (b) Except as provided in Section 872.730, partition as toconcurrent interests in the property shall be as of right unlessbarred by a valid waiver. (c) Partition as to successive estates in the property shall beallowed if it is in the best interest of all the parties. The courtshall consider whether the possessory interest has become undulyburdensome by reason of taxes or other charges, expense of ordinaryor extraordinary repairs, character of the property and change in thecharacter of the property since creation of the estates,circumstances under which the estates were created and change in thecircumstances since creation of the estates, and all other factorsthat would be considered by a court of equity having in mind theintent of the creator of the successive estates and the interests andneeds of the successive owners.872.720.  (a) If the court finds that the plaintiff is entitled topartition, it shall make an interlocutory judgment that determinesthe interests of the parties in the property and orders the partitionof the property and, unless it is to be later determined, the mannerof partition. (b) If the court determines that it is impracticable or highlyinconvenient to make a single interlocutory judgment that determines,in the first instance, the interests of all the parties in theproperty, the court may first ascertain the interests of the originalconcurrent or successive owners and thereupon make an interlocutoryjudgment as if such persons were the sole parties in interest and theonly parties to the action. Thereafter, the court may proceed inlike manner as between the original concurrent or successive ownersand the parties claiming under them or may allow the interests toremain without further partition if the parties so desire.872.730.  To the extent that the court determines that theprovisions of this title are a suitable remedy, such provisions maybe applied in a proceeding for partnership accounting anddissolution, or in an action for partition of partnership property,where the rights of unsecured creditors of the partnership will notbe prejudiced.