§ 12-1211. Compelling partition; complaint
A. The owner or claimant of real property or any interest therein may compel a partition of the property between him and other owners or claimants by filing a complaint in the superior court of the county in which the property, or a portion thereof, is situated.
B. The complaint shall state:
1. The names and residences, if known, of each of the owners or claimants.
2. The share or interest which plaintiff and the owners or claimants own or claim, so far as known to plaintiff.
3. A description of the real property to identify it and its estimated value.

§ 12-1212. Unknown owner; notice and service by publication; protection of rights in decree
A. If plaintiff makes affidavit that an undivided portion of the land described in the complaint is owned by some person unknown to affiant, a summons shall be issued to the unknown owner. The summons shall contain a brief statement of the nature of the action and a description of the interest of the unknown owner, and shall command him to appear and answer as in ordinary cases.
B. The summons shall be served by publication in some newspaper in the county where the summons issues, if a newspaper is published in the county. If no newspaper is published in the county, publication shall be made in the nearest county in which a newspaper is published, for four successive weeks.
C. If no appearance is entered within the time set forth in the summons, the court shall proceed as in other cases where service is made by publication.
D. The court shall in its decree protect the rights of the unknown owner.

§ 12-1213. Hearing and issues
Upon the hearing the court shall determine the share or interest in the property sought to be divided of each of the owners or claimants, and all questions affecting the title thereto, or any part thereof.

§ 12-1214. Abstract of title; inspection; cost
A. If it is necessary to have an abstract of title of the property to be partitioned, plaintiff may procure one before commencing the action and may in his complaint state that he has done so and that the abstract is subject to inspection and use of all parties to the action, and designate a place where it will be kept for inspection. Otherwise the court may, upon application of any one of the parties, authorize such party to procure an abstract which when made shall be kept at some place designated by the court for inspection and use of all parties, any of whom may make a copy thereof.
B. The expense reasonably incurred in procuring an abstract shall be allowed to the party incurring it, with interest.

§ 12-1215. Entry and contents of judgment; appointment of commissioners; surveyor
A. The court shall enter a judgment directing that partition of the real property be made in accordance with the shares or interests of the parties entitled thereto and specifying the share or interest of each party.
B. The court shall appoint three or more disinterested persons commissioners to make the partition in accordance with the judgment. The clerk of the court shall forthwith notify the commissioners of their appointment, and shall deliver to one of them a certified copy of the judgment of partition.
C. The court may also appoint a surveyor to assist the commissioners in making the partition.

§ 12-1216. Duties of commissioners
The commissioners or a majority of them shall partition the property in accordance with the judgment. They may cause the property to be surveyed into several tracts. They shall divide the property into as many shares as there are persons entitled thereto, each share to contain one or more tracts as the commissioners deem proper, having due regard in the division to the situation, quantity and advantages of each share so that the shares are equal in value as nearly as possible, in proportion to the interests of the parties. The commissioners shall then proceed by lot and set apart to each of the parties entitled one of the shares as determined by the judgment of the court.

§ 12-1217. Report of commissioners
A. When the partition is completed, the commissioners shall report in writing and under oath to the court. The report shall set forth:
1. A description of the real property divided.
2. The several tracts or parcels into which the real property was divided by them, describing particularly each of such tracts or parcels.
3. The number of shares, the land which constitutes each share, and the estimated value of each share.
4. The allotment of each share.
B. The report shall be accompanied by such field notes and maps as are necessary to make it intelligible.

§ 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.

§ 12-1219. Objection to commissioner's report; hearing
Any party may file objections to any report of the commissioners in partition, and a hearing of the objections shall be had as in other cases. If the report is found erroneous in a material respect, or unequal and unjust, it shall be rejected and other commissioners shall be appointed by the court and the same proceedings had as in the first instance.

§ 12-1220. Partition involving future estates; title of property after partition
A. When a partition is made between an owner who holds an estate for a term of years or for life with others who hold equal or greater estates, the partition shall not be prejudicial to those entitled to the reversion or remainder of such estates.
B. Each party to whom a share is allotted shall hold the share in severalty under the same conditions and covenants that it was held before partition was made, and no warranty, lease or right whatsoever shall be impaired or affected by the partition.

§ 12-1221. Effect of judgment confirming report of commissioners
The judgment of the court which confirms the report of partition shall vest in each party to whom a share is allotted the title to such share as against the other parties to the partition, their heirs, executors, administrators or assigns, as fully and effectually as the deed of the parties could vest the property and shall have the same force and effect as a warranty deed of conveyance from such other parties and each of them.

§ 12-1222. Partition of personal property; parties
Part owners of personal property may be compelled to make partition between them by an action for partition commenced in the court having jurisdiction of the value of such property in the same manner as other civil actions are commenced. The several owners or claimants of such property shall be summoned as in other actions of partition. The separate value of each article of the personal property shall be ascertained and an allotment in kind made to each owner as he is entitled.

§ 12-1223. Writ of possession or sale of personal property
A. When a partition in kind of personal property is ordered, a writ shall be issued in accordance with the judgment, commanding the sheriff or a constable of the county where the property is located to put the parties forthwith in possession of the property allotted.
B. When the property will not admit of an equitable partition, the court shall ascertain the proportion to which each owner is entitled and shall order that the property be sold. An execution shall be issued to the sheriff or constable of the county where the property is located, describing the property and commanding the officer to sell it as in cases of execution and pay over the proceeds of sale to the parties entitled thereto in the proportion ascertained by judgment of the court.

§ 12-1224. Proceedings not exclusive; rules of procedure
A. The provisions of this article shall not preclude partition in any other manner authorized by law.
B. The rules of pleading and procedure which govern other civil actions shall govern actions for partition when not in conflict with the proceedings provided by this article.

§ 12-1225. Compensation of commissioners and surveyor
A. The commissioners in partition and the surveyor shall be paid such sum per day for each day they are engaged in making and returning the partition as the court deems reasonable, considering the services rendered, and the compensation allowed shall be taxed and collected as costs of the action.
B. The court shall adjudge the costs to be paid by each party to whom a share has been allotted in proportion to the value of such share.