Can I force the sale of jointly owned property in Utah if my co-owner refuses further mediation?

Short answer: Yes — under Utah law you can ask a court to force (compel) the sale of real property held jointly by co-owners through a partition action. If mediation fails or a co-owner refuses to continue negotiating, you can file a partition lawsuit in Utah district court asking the court to divide the property in kind or order a sale and distribute the proceeds. See Utah’s partition statutes for details: Utah Code, Title 78B, Chapter 6 (Partition).

Detailed answer — how a forced sale works in Utah

Below is a step-by-step explanation of what typically happens and what legal tools the court uses when one co-owner wants a sale and the other refuses further mediation.

1. Who can file a partition action?

Any person who owns an undivided interest in real property (for example, tenants in common or joint tenants) may file a partition action in the appropriate Utah district court. You must have a recognized property interest (title, deed, contract right) to bring the claim.

2. What does a partition lawsuit ask the court to do?

The usual requests in a complaint are:

Declare the co-owners and their respective ownership shares.
Order a partition in kind (physically divide the land) if division is practical and fair.
If division in kind is impractical or unfair, order a sale of the property and a judicial accounting to divide the sale proceeds after paying liens, mortgages, costs, and attorney fees.
Request temporary relief (possession, injunction, receiver) if a co-owner is wasting assets or preventing sale.

3. Will the court force a sale or require a physical division?

The court prefers to divide property in kind when division is reasonable and will not materially impair the market value of the parts. When physical division is impractical or would substantially reduce value, the court will typically order a sale. The court also weighs fairness: if one party’s conduct prevents division or sale, the judge can order the sale to protect the complaining owner’s rights. See the partition chapter for the statutory framework: Utah Code, Title 78B, Chapter 6.

4. How does the sale process work?

After the court orders a sale, it commonly appoints a commissioner, master, or referee to oversee the sale procedure. The court may authorize either a public auction or a private sale (often subject to court confirmation). The sale proceeds first pay mortgages, liens, taxes, court costs, and reasonable sale expenses. The remainder is distributed to the owners according to their ownership shares, subject to any offsets (improvements, waste, or proven contributions). The court supervises the accounting and distribution.

5. What if the co-owner keeps living on or using the property?

You can ask the court for temporary relief to prevent waste, protect the property, and preserve sale value. The judge may grant a temporary injunction, award possession to one co-owner, or appoint a receiver to manage rent and upkeep. These remedies help avoid value loss while the partition action proceeds.

6. Timeframe and costs

Partition cases vary in length. Simple cases may resolve in a few months; contested matters can take a year or longer, especially if appeals or complex title issues arise. Expect court filing fees, appraisal costs, commissioner fees, possible receiver fees, and attorney fees. The court may allocate court costs and, in some circumstances, attorney fees between the parties, but that depends on the facts and the judge’s discretion.

7. Practical alternatives before or during litigation

Even after mediation breaks down, courts often encourage settlement. Consider these options:

Cash buyout: negotiate a price for one owner to purchase the other owner’s share.
Buy-sell terms or financing: structured payments or a lender-funded buyout.
Listing the property for sale by agreement and splitting net proceeds.
Requesting court-supervised sale terms (reserve price, private sale terms) to protect value.

8. Example (hypothetical facts)

Two siblings own a house as tenants in common. One sibling wants to sell; the other refuses to continue mediation and wants to keep the house. The sibling seeking sale hires an attorney, files a partition action in the county district court, and requests a partition in kind. The court finds that dividing the single-family house into separate parcels is impractical and orders a sale. The court appoints a commissioner to sell the house at public auction at a court-set reserve price. After the sale, the court orders the mortgage and sale costs paid first, then divides the remainder according to ownership shares.

Key Utah law references

Utah’s partition laws and procedure are in the Utah Code, Title 78B, Chapter 6 (Partition). See: https://le.utah.gov/xcode/Title78B/Chapter6/78B-6.html. For help filing civil cases, Utah Courts’ self-help resources are available at: https://www.utcourts.gov/howto/.

When you should talk to an attorney

If you are considering a partition action, consult a Utah-licensed attorney. An attorney can evaluate title documents, identify liens and encumbrances, advise on likely outcomes (sale vs. division), draft pleadings, seek temporary relief (injunction or receiver), and represent you at hearings and sale confirmations. If the co-owner is engaging in damaging conduct or removing assets, urgent legal steps may be necessary.

Disclaimer

This article explains general Utah law and common procedures related to partition and forced sale. It is educational only and not legal advice. For advice about your specific situation, consult a licensed attorney in Utah.

Helpful Hints

Gather documents: deeds, title report, mortgage statements, tax bills, leases, and any written co-owner agreements. These speed case preparation.
Send a written demand: before filing, send a clear written demand for sale or buyout and keep records—courts prefer parties to try settlement first.
Consider short-term protections: if the property is being damaged or assets removed, ask a lawyer about temporary injunctions or receivership.
Get an appraisal: a current market appraisal helps determine if partition in kind is feasible and sets realistic settlement expectations.
Understand liens: mortgages and judgment liens attach to sale proceeds and get paid first; resolving liens early reduces surprise costs.
Expect court oversight: sales ordered by the court can require confirmation; be prepared for scheduling and procedural steps.
Evaluate buyout feasibility: often a negotiated buyout saves time and expense compared to litigation.
Be realistic about timing and cost: partition litigation can be lengthy. Weigh emotional costs and legal fees against the likely benefits.