70-29-403 . Applicability -- relation to other laws. (1) This part applies to partition actions filed on or after October 1, 2013. (2) In an action to partition real property under Title 70, chapter 29, parts 1 through 3, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this part unless all of the cotenants otherwise agree in a record. (3) This part supplements Title 70, chapter 29, parts 1 through 3, and, if an action is governed by this part, replaces provisions of Title 70, chapter 29, parts 1 through 3, that are inconsistent with this part.
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