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Utah Code § 78B-6-1241

Equalization

Applied in 1 court decision — leading case 2011 UT App 8 - Withers v. Jepsen (2011)

Most recently applied in 2011 UT App 8 - Withers v. Jepsen (January 2011)

Renumbered and Amended by Chapter 3, 2008 General Session

(1) If a partition cannot be made equally among the parties according to their respective rights without prejudice to the rights and interests of some of them, and a partition is ordered, the courts may order compensation made by one party to another on account of the inequality.

(2) Compensation may not be required to be made to others by unknown owners or a minor, unless the court determines that the minor has sufficient personal property to make the payment and the minor's and the minor's interest will not be negatively affected.

(3) The court has the power in all cases to make compensatory adjustment among the parties according to the principles of equity.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.