When unequal partition is ordered, compensation to be made on account of inequality. When it appears that partition cannot be made equal between the parties, according to their respective rights, without prejudice to the rights and interest of some of them, and a partition be ordered by judgment, the court may adjudge compensation to be made by one party to another, on account of the inequality of partition; but such compensation shall not be required to be made to others by owners unknown, nor by infants, unless in case of an infant it appears that he has personal property sufficient for that purpose, and that his interests will be promoted thereby.
Last modified: February 27, 2006