Disclaimer

This is educational information and not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed attorney in Utah.

Detailed Answer

To begin a partition action in Utah, an attorney needs documents and information that establish ownership, the nature of co-ownership, the property description, existing encumbrances, and evidence of any agreements or disputes among co-owners. A complete initial package lets your lawyer evaluate whether a partition action (division in kind or sale) is appropriate, identify necessary parties, determine potential claims and defenses, and prepare pleadings or settlement proposals efficiently.

Relevant Utah law (where partition procedures are found)

Partition actions in Utah are governed by the Utah Code addressing partition and remedies in civil actions. See the Utah Code for partition provisions: Utah Code — Title 78B, Chapter 6 (Partition). Your attorney will use those statutory rules to start and prosecute the case.

Core categories of documents and information to provide

1. Proof of ownership and chain of title
   • All deeds affecting the property (grant deeds, quitclaim deeds, etc.).
   • Title insurance policy (if any) and the title report or commitments.
   • Title search results or abstract of title if available.
2. Legal description and survey/plat
   • Deed legal description and any recorded plat or subdivision map.
   • Recent survey, boundary map, or ALTA/NSPS survey if you have one.
3. Records of mortgages, liens, and encumbrances
   • Copies of mortgage or deed of trust documents and payoff demand statements.
   • Records of mechanic’s liens, tax liens, and any recorded judgments affecting the property.
4. Co-ownership evidence and agreements
   • Written agreements among co-owners (partnership agreements, tenancy-in-common agreements, buy-sell agreements).
   • Evidence showing how title is held (e.g., deed wording: joint tenants vs. tenants in common).
5. Occupancy, possession, and use documents
   • Lease agreements if the property is rented (current and past leases).
   • Proof of who lives or regularly uses the property (utility bills, rental rolls, correspondence).
6. Financial records and contributions
   • Records showing payments made for mortgage, taxes, insurance, utilities, repairs, or improvements (bank statements, cancelled checks, invoices, receipts).
   • Records of any reimbursements or agreements about expense sharing among co-owners.
7. Permits, HOA, and municipal documents
   • Homeowners association (HOA) governing documents, rules, and assessment history.
   • Building permits, code citations, and zoning information relevant to the property.
8. Correspondence and dispute evidence
   • Emails, text messages, letters, or demand notices between co-owners about the property, offers to buy-out, or attempts to resolve disputes.
   • Photos, videos, or records documenting the condition of the property or contested boundaries.
9. Identification of parties
   • Full legal names of all co-owners and other parties with recorded or claimed interests in the property.
   • Known contact information for those parties and for any occupants you can identify (phone and email). Your attorney will need to serve process on all necessary parties.
10. Other court or administrative records
    • Any prior lawsuits or administrative proceedings affecting the property (e.g., previous partition actions, quiet title suits, probate matters).

How your lawyer will use these items

• Verify who must be named as defendants or joined parties in the partition complaint.
• Determine whether division in kind (physically dividing the land) or sale (court-ordered sale and proceeds division) is feasible.
• Assess liens and payoffs that affect net proceeds or the ability to sell portions of the parcel.
• Evaluate equitable claims (contributions to improvements, payments of mortgage or taxes) to seek credits or adjustments among co-owners.
• Prepare pleadings, exhibits, and proposed orders for the court.

Typical timeline and early steps

After you provide documents, your attorney will usually:

1. Run or order a formal title search to confirm recorded interests and parties.
2. Draft and file a complaint for partition in the appropriate Utah court, naming all required parties and attaching key documents.
3. Seek temporary relief if needed (e.g., to prevent waste or to preserve property pending the action).
4. Begin discovery and settlement negotiations to try to resolve the dispute before a contested trial or court-ordered sale.

How long a case takes varies widely by complexity, number of parties, and whether the parties settle. Cases with clear title, cooperation, and a simple property division can resolve faster than contested actions involving many liens or co-owners.

Helpful Hints

• Collect documents early: scanned PDFs of deeds, surveys, and receipts speed things up.
• Organize records by category (title, liens, financials, correspondence) and date items when possible.
• If you don’t have a survey, tell your lawyer—some partition strategies depend on accurate boundaries.
• Provide any written offers, buyout proposals, or mediation history—courts like to know if settlement was attempted.
• Disclose known occupants and any sensitive facts (bankruptcy, probate, minors, or incapacitated co-owners) early—these issues affect procedure.
• Ask your lawyer to obtain a title report if you don’t have one; an up-to-date title search is essential.
• Keep originals safe. Provide copies to your lawyer but keep originals of deeds and title documents until told otherwise.
• Expect to provide affidavits or declarations about possession, payments, and dates—prepare to sign and, if necessary, notarize them.