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.
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