Frequently Asked Question: Options to divide or force the sale of co-owned real property after a Utah divorce

Short answer

If you and your ex still own real property together after divorce, you generally have four realistic paths: (1) enforce any divorce-court order that already addresses the property; (2) negotiate a buyout or settlement (often with mediation); (3) ask a court to partition the property (which can result in a physical division or a sale with proceeds divided); or (4) use other court remedies such as a quiet-title action if title disputes or encumbrances block a sale. In Utah, partition suits and family-decree enforcement are handled in state court under Utah statutes and court rules (see Utah Code Title 78B, Chapter 6 on partition and Title 30 on divorce-related orders).

Detailed answer — legal paths under Utah law

Below is a practical explanation of the legal options and how each usually works in Utah. This is a general overview for educational purposes only; it is not legal advice.

1) Check and enforce the divorce decree

If the divorce decree or property division order already specifies what should happen to the home (for example, ordering a sale, awarding the house to one spouse subject to refinance, or setting a timetable), your first step is enforcement. A spouse who does not follow the decree can be brought back to the divorce court for a motion to enforce the decree or for contempt. Family-court orders are enforceable by the same court that issued them, so this can be the quickest path when an explicit remedy was already ordered.

See Utah divorce statutes for authority on divorce court powers: Utah Code, Title 30, Chapter 3 (divorce-related provisions).

2) Negotiate a buyout or settlement (often via mediation)

Most co-owners avoid litigation because it is costly. Common settlement options include:

One spouse refinances the mortgage and buys out the other’s equity by paying an agreed lump sum.
Spouses agree the property will be sold on the open market and split net proceeds according to the divorce allocation.
Spouses agree to a delayed sale (e.g., one spouse keeps the home until children finish school) with terms in a written settlement.

Put any settlement in writing and get a new deed or recorded lien release to reflect the change of ownership.

3) File a partition action to force division or sale

If negotiation fails and the parties remain co-owners (for example, as tenants in common), Utah law provides a civil procedure called a partition action. In a partition suit, a co-owner asks the court to divide the property among the owners (partition in kind) or, if physical division is impractical, to order a sale and divide the proceeds.

Key facts about partition under Utah law:

Who may bring it: any person who holds title as a co-owner may bring a partition action.
Remedies: the court can order partition in kind (divide the land) or partition by sale when division in kind is not feasible or fair. The court may appoint commissioners to value and divide property or to supervise sale.
Priority and liens: mortgages and other liens remain attached and are typically satisfied from sale proceeds before equity is divided.
Costs: courts may allocate sale costs and attorney fees; an unsuccessful litigant can be ordered to pay costs in some circumstances.

See the Utah partition statutes for procedure and remedies: Utah Code, Title 78B, Chapter 6 (Actions for partition and related provisions).

What happens in practice with a partition action?

A typical partition case steps:

File a complaint in the appropriate Utah district court naming all co-owners and any lienholders.
Serve the co-owners and lienholders. Defendants may answer and raise defenses (e.g., equitable defenses, claims that the property was awarded in divorce).
The court may order an appraisal, appoint commissioners, or schedule a hearing. If division in kind is impossible or inequitable, the property will be sold and proceeds distributed after paying liens, taxes, and sale costs.

Partition cases can take months to more than a year depending on disputes, appraisal, and market conditions.

4) Other court remedies (quiet title, enforcement of lien provisions, or receivership)

If there are disputes about title, unrecorded interests, or encumbrances that block sale, a quiet-title action or related relief may be needed. In limited circumstances (for example, where a co-owner is wasting the property or refusing to permit sale or rent), a court can appoint a receiver to manage or rent the property while the dispute is resolved.

Practical consequences & considerations

Mortgage and lender consent: ownership on the deed may differ from who is on the mortgage. A sale or refinance often requires lender approval and payoff of the loan. If one spouse remains on the mortgage after transfer, they remain liable to the lender unless released.
Tax considerations: sale or buyout can have capital-gain consequences and affect basis; consult a tax advisor before finalizing major transfers or sales.
Costs and time: litigation (partition or enforcement) can be expensive. Mediation or settlement often saves money and time.
Title changes: always record deeds, releases, or lien satisfactions with the county recorder to update public records.
Children and occupancy: residential occupancy issues (who lives in the house) do not automatically change title; residential arrangements should be documented in writing if the property is to remain occupied by one party temporarily.

Documents and information to collect before taking action

Copy of the recorded deed(s) showing current owners.
The divorce decree or any written settlement or property-distribution agreement.
Mortgage statements(s), payoff amounts, and lender contact information.
Property tax bills and utility records.
Any lease agreements if the property is rented.
Recent comparables or a professional appraisal (a court may order its own appraisal).

Typical timeline and likely costs

Settlement or buyout: weeks to a few months (depends on refinancing). Partition action: commonly several months to more than a year. Costs vary based on whether you settle or litigate; expect appraisal fees, court costs, and attorney fees if you proceed to litigation.

Helpful hints

Try negotiation or mediation first. Court is usually a last resort and more expensive.
Review your divorce decree carefully—if it addresses the property, you may have a faster option by filing a motion to enforce that order.
Get a current market appraisal before agreeing to a buyout so you know the fair value of the equity to be divided.
Talk to your mortgage lender early if refinance is part of the plan—lenders often require income and credit checks for assumption or refinancing.
Preserve records of offers, payments, and communications with your ex about the property in case you need to show the court efforts to settle.
Consult both a family-law attorney (for enforcement issues) and a real-estate litigator (for partition problems) if your case involves both property-distribution enforcement and contested co-ownership issues.

Where to get more information

Partition procedure and remedies are in Utah statutes: Utah Code, Title 78B, Chapter 6. Divorce and court powers regarding enforcement of orders are addressed in Utah’s family law statutes: Utah Code, Title 30, Chapter 3. For self-help resources and local forms, check the Utah Courts website (www.utcourts.gov) and your county recorder’s office for deed records.

Next steps (practical checklist)

Locate your recorded deed and divorce decree.
Talk to your ex about buyout, sale, or refinancing—consider mediation to reach a written settlement.
If negotiation fails, consult an attorney about filing a motion to enforce the divorce decree or a partition action in district court.
Gather documents listed above and get an independent appraisal.
Consider tax advice before any sale or transfer.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws change and every case is different. Consult a licensed Utah attorney about how the law applies to your specific situation.