6-544. PARTITION WITHOUT ACTION — CONSENT OF GUARDIAN. The general guardian of an infant, and the guardian entitled to the custody and management of the estate of an incapacitated or protected person, or other person adjudged incapable of conducting his own affairs, who is interested in the real estate held in joint tenancy, or in common, or in any other manner so as to authorize his being made a party to an action for the partition thereof, may consent to a partition without action, and agree upon the share to be set off to such infant or other person entitled, and may execute a release in his behalf to the owners of the shares of the parts to which they may be respectively entitled, upon an order of the court.
History:
[(6-544) C.C.P. 1881, sec. 530; R.S., R.C., & C.L., sec. 4603; C.S., sec. 7019; I.C.A., sec. 9-544; am. 2011, ch. 151, sec. 2, p. 415.]
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