---
kind: "section"
citation: "43 C.F.R. § 30.125"
title: "43"
number: "30.125"
heading: "May a judge order that a property interest be partitioned as a result of a devise?"
url: "https://uscodex.org/cfr/43/30.125"
---

# §30.125. May a judge order that a property interest be partitioned as a result of a devise?

- (a) A judge may order a property interest to be partitioned if:
  - (1) A will attempts to divide an allotment into two or more distinct portions and devises at least one of those portions;
  - (2) The decedent was the sole owner of the allotment;
  - (3) The allotment is held entirely in trust or restricted status; and
  - (4) The devise describes the portions of the allotment in a manner that allows the judge to readily ascertain which portion of the allotment descends to each intended devisee.
- (b) If the requirements of [paragraph (a)](#a) of this section are not met, the judge may find that a devise of a portion of an undivided allotment fails.

## Notes

### Amendments

[86 FR 72084, Dec. 20, 2021]

### Authority

Authority: 5 U.S.C. 301, 503; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457.

### Source

Source: 73 FR 67289, Nov. 13, 2008, unless otherwise noted.

### Amendments

[86 FR 72084, Dec. 20, 2021]