Boltz v. Boltz

Howard and Carole Boltz appeal an order for the sale of property in which Howard owns an undivided one-half interest with Leonard and Susan Boltz. They contend that the property should have been partitioned rather than sold and that the trial court should have appointed a referee to determine whether a basis for partition existed. Because we conclude that the correct statutory procedure was followed in ordering the sale, we affirm the trial court’s order.

Leonard and Susan Boltz, and Howard Boltz, each own an undivided one-half interest in 708 acres of land as tenants in common. The property…