How to file a partition action in Utah to force sale or buyout of a co‑owned home

Disclaimer: This is general information only and not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Utah attorney.

Quick answer

If you and your sibling own your parents’ house together and cannot agree on use or sale, you can ask a Utah court to partition the property. The usual process is: confirm ownership type, try negotiation or mediation, file a partition complaint in the district court where the property sits, ask the court for partition in kind (divide the land) or, if that is impractical, a sale and division of proceeds. The court may also allow one co‑owner to buy out the others’ interests. See Utah Code governing partition actions (Utah Code § 78B‑6‑101 et seq.): https://le.utah.gov/xcode/Title78B/Chapter6/78B-6.html, and Utah Courts’ self-help page on partition: https://www.utcourts.gov/howto/realproperty/partition/.

Detailed answer — step by step under Utah law

1. Confirm ownership and interests

Find the deed and other title documents. You must know whether the owners hold the property as tenants in common, joint tenants with right of survivorship, or some other arrangement. A tenancy in common (each owner has a distinct fractional share) is the most common situation for partition. If the deed is unclear, do a title search or consult a title company.

2. Try to resolve it without court

Courts prefer that co‑owners try to reach agreement first. Options include: one owner buying the other’s share; selling the house and splitting proceeds; or mediating differences (mediation is often quicker and cheaper than litigation). Send a clear written demand describing the remedy you want (buyout or sale) and a deadline. Keep copies.

3. When to file a partition action

If negotiations fail, you or a co‑owner can file a partition action in the district court in the county where the property is located. Under Utah law, the court can divide the property physically (partition in kind) or order sale and distribution of net proceeds if division in kind is impractical. See Utah Code § 78B‑6 (Partition statutes): https://le.utah.gov/xcode/Title78B/Chapter6/78B-6.html.

4. What the complaint should say

The complaint for partition should identify the property, list all owners and interested parties (mortgage holders, lienholders, tenants, heirs), state each owner’s claimed share, and request that the court order partition (in kind or by sale). The complaint can also request an accounting of rents, profits, and expenses, and ask the court to appoint a commissioner, referee, or receiver to manage the partition or sale.

5. Service, response, and early procedures

After filing, other owners and named parties must be served. Defendants can answer, assert offsets (contributions to mortgage, repairs, improvements), or counterclaim. There may be motions or discovery. The court may encourage or order mediation.

6. Partition in kind vs. sale

The court will consider whether the property can be physically divided so each owner gets a fair share (partition in kind). For a single house on one lot, partition in kind is often impractical. If the court finds division in kind would be unfair or infeasible, it will order a sale. The sale may be by public auction or private sale under court supervision. The court oversees how sale proceeds are distributed and ensures liens, mortgages, taxes, and sale costs are paid first.

7. Buying out a co‑owner

To buy out a sibling, you can: (a) negotiate a price and complete the transfer voluntarily, or (b) during litigation ask the court to allow an appraisal and to approve a buyout offer before ordering sale. Courts will require a reliable valuation (appraisal) and clear accounting of liens and costs. If you buy out someone, make sure the transaction is documented and recorded.

8. How the court handles contributions, liens, and expenses

The court will account for mortgages, lienholders, taxes, and necessary expenses. If one owner paid more than their share for mortgage payments, taxes, or repairs, the court may adjust distributions to reflect those contributions. Keep all receipts and documents that show payments, improvements, or agreements.

9. Timing and likely costs

Partition cases vary in length. Simple agreed sales or buyouts can be resolved in weeks to months. Contested partitions often take many months and sometimes over a year. Costs include filing fees, service fees, title and lien searches, appraisal fees, real‑estate commissions (if sold), commissioner or receiver fees, and attorney fees. Expect litigation costs to be significant if the case is contested.

10. Where to file and rules to follow

File in the Utah district court in the county where the property is located. Follow local civil rules and Utah Rules of Civil Procedure for service, pleadings, and motions. The Utah Courts site has guidance for self‑represented parties: https://www.utcourts.gov/howto/realproperty/partition/.

Helpful hints

• Start by locating the deed, mortgage, tax statements, and any probate or estate documents. These show who legally owns the property and any encumbrances.
• Get a current title report and a professional appraisal early. Accurate value and title information make negotiations and court pleadings stronger.
• Document payments you made for mortgage, taxes, repairs, and improvements. The court may credit those amounts when dividing net proceeds.
• Consider mediation before or during litigation. Courts encourage settlement and mediation is cheaper than a trial.
• If you prefer a buyout, obtain a market appraisal and put a written buyout offer on the table. A clear written offer often leads to settlement.
• Be realistic about costs. Court‑ordered sales usually carry commissions and fees; sometimes an agreed private sale reduces costs and yields a better net result.
• If one co‑owner is occupying the house, ask the court for an accounting of rent/occupancy value and for orders about maintenance and insurance while the case proceeds.
• Consult a Utah real property attorney early if the matter is contested, involves large debts, or if family relationships complicate negotiations.

Statutes and further reading

Utah’s statutory provisions on partition are in Utah Code § 78B‑6 (see the chapter): https://le.utah.gov/xcode/Title78B/Chapter6/78B-6.html. For practical filing guidance and forms for self‑represented parties, see the Utah Courts self‑help page on partition: https://www.utcourts.gov/howto/realproperty/partition/.

If you want help evaluating options or preparing filings, contact a licensed Utah attorney who practices real property litigation or probate/estate law.