Summary answer

If you inherit real property with one or more co-owners and a co-owner refuses to cooperate in selling or dividing the property, you can ask a Utah court to force a partition. A partition action asks the court to either physically divide the property among co-owners (partition in kind) or order a sale and divide the proceeds (partition by sale). The basic steps are: confirm ownership and liens, try negotiated solutions, prepare and file a partition complaint in the proper Utah court naming all parties with an interest, serve the parties, participate in the court’s procedures (including possible appointment of a commissioner), and follow the court’s order for division or sale and distribution. This article explains those steps and what documents and evidence you will need.

Detailed answer — step‑by‑step under Utah law

1. Confirm the ownership picture

Start by assembling the title and probate documents. You need to know who owns the property now (deeds), whether the property passed through probate or via a trust, and what liens or mortgages exist. Get a copy of the recorded deed(s) from the county recorder and a current title report or abstract if possible. Also gather the decedent’s will, probate paperwork, and the death certificate if the property transferred through an estate.

2. Try to resolve the issue without a lawsuit

Court can be costly and slow. Before filing, attempt these options:

• Send a formal written demand requesting sale or buyout and proposing terms.
• Offer a buyout based on a professional appraisal.
• Propose mediation to divide proceeds or allocate parts of the property.

If those efforts fail, proceed to a partition action.

3. Determine the correct court and prepare the complaint

Most partition actions in Utah are civil matters filed in the district court for the county where the property sits. The complaint must identify the property, describe each co-owner’s interest, name all persons or entities with possible claims (co-owners, mortgage holders, lien holders, heirs, beneficiaries), and state the relief requested (partition in kind or sale, appointment of a commissioner or referee, accounting, credits for contributions, and distribution). Utah’s statutes governing partition provide the legal framework for these requests (see the state code link below).

4. Include necessary claims and requests

Common items to ask the court for in the complaint or motion:

• Declaration of the co-owners and their ownership shares.
• Request for partition in kind if division is practical and fair.
• Request for partition by sale if division would be impracticable or inequitable.
• Appointment of a commissioner, referee, or special master to perform surveys, divide parcels, supervise sale, or account for rents and improvements.
• Accounting for rents, profits, taxes, mortgage payments, and credits for improvements or contributions.
• Request for injunctive relief if a co-owner is causing waste or interfering with the property (preventing the sale, removing fixtures, or withdrawing funds).

5. File the complaint and serve all interested parties

After filing, you must properly serve every person and entity with a recorded or known interest (co‑owners, lien holders, etc.). Service follows Utah’s civil procedure rules. If any defendants cannot be located, the court may allow service by publication under limited conditions; follow the court’s requirements carefully to avoid dismissal.

6. Pretrial procedures, discovery, and temporary relief

Expect discovery (document requests, depositions) to resolve disputes about ownership shares, contributions, or expenses. You can ask the court for temporary orders to preserve the property, prevent waste, or require an accounting of rents and profits while the case proceeds.

7. Hearing, commissioner’s work, and division or sale

If the court orders partition in kind, a court-appointed commissioner usually surveys and divides the land and files a report. If the court orders partition by sale, the court will supervise the sale process or authorize a sale by a commissioner, and then confirm the sale. The court will resolve disputes over credits (e.g., who paid the mortgage, taxes, or major improvements) and deduct liens, costs, and sale expenses before distributing net proceeds.

8. Final judgment and distribution

After the court confirms the partition or sale and resolves accounting questions, it enters a final judgment that transfers title (for partition in kind) or orders distribution of sale proceeds among parties according to recorded interests and court‑approved credits.

9. Typical timeline and costs

Partition actions can take several months to over a year, especially if parties contest facts or the court orders a sale. Costs include filing fees, service fees, survey and appraisal costs, commissioner or referee fees, title work, and attorney fees if you hire counsel. In some cases the court may award attorney fees to a prevailing party, but that is discretionary and fact‑dependent.

Relevant Utah statute (starting point)

Utah law provides the statutory framework for partition actions. See the Utah Code chapter on partition for procedure and remedies: Utah Code, Title 78B — Judicial Code, Chapter 6 (Partition and related actions). For court procedures, also consult the Utah Rules of Civil Procedure: Utah Courts Rules. (These links point to Utah government sources for the statutes and court rules.)

When to hire a lawyer

Consider hiring an attorney if:

• A co‑owner actively resists or obstructs resolution.
• Title is unclear, liens or mortgages exist, or there are creditors.
• Complex issues arise (contributions and credits, boundary disputes, adverse possession, or trust or probate complications).
• You need temporary injunctive relief to protect the property.

An attorney experienced in real property and partition actions can prepare pleadings, manage service, handle discovery, and represent you at hearings and sale confirmation proceedings.

Courts and local resources

Partition cases are local to the county where the property is located. For guidance on filing civil cases in Utah courts, see: Utah Courts – How to file a civil case. For statute research, use the Utah Legislature’s site: le.utah.gov.

Helpful Hints

• Collect documents before filing: recorded deeds, probate records or trust documents, mortgage and lien statements, tax bills, and receipts for major improvements.
• Get a current professional appraisal and a recent title search to understand market value and encumbrances.
• Try mediation early. Judges often encourage settlement, and mediation avoids many court costs.
• If you want the property divided rather than sold, explain clearly why partition in kind is practical (survey, acreage, separate access, etc.).
• Keep careful records of payments you’ve made for mortgage, taxes, repairs, or improvements — the court may credit you for these contributions.
• Be prepared for the court to require appointment of a commissioner or referee who will charge fees; budget for those costs.
• If a co‑owner has already sold or transferred their interest, notify the court and obtain complete chain‑of‑title records to include all new parties.
• Service of process is critical. If a party is not properly served, the court may not be able to proceed against that person.