TITLE LVI
PROBATE COURTS AND DECEDENTS' ESTATES

CHAPTER 547-C
PARTITION OF REAL ESTATE

Unequal Division and Sale

Section 547-C:29

    547-C:29 Award. – In entering its decree the court may, in its discretion, award or assign the property or its proceeds on sale as a whole or in such portions as may be fair and equitable. In exercising its discretion in determining what is fair and equitable in a case before it, the court may consider: the direct or indirect actions and contributions of the parties to the acquisition, maintenance, repair, preservation, improvement, and appreciation of the property; the duration of the occupancy and nature of the use made of the property by the parties; disparities in the contributions of the parties to the property; any contractual agreements entered into between the parties in relation to sale or other disposition of the property; waste or other detriment caused to the property by the actions or inactions of the parties; tax consequences to the parties; the status of the legal title to the property; and any other factors the court deems relevant.

Source. 1992, 284:57. 2000, 232:16, eff. Jan. 1, 2001.