Detailed answer — legal background and step-by-step options

Who owns the property after an inheritance?

When a property passes to multiple heirs, each heir typically owns an undivided share of the whole property (often called tenants in common) unless the will, trust, or deed says otherwise. Each co-owner has rights to use the property, but no co-owner can physically divide the same parcel into separate ownership without agreement or court action.

Utah law allows a partition action

If co-owners cannot agree, one owner may file a partition action in the district court where the property is located. A partition action asks the court either to divide the land among the owners (partition in kind) or, if division is not practical, to order the sale of the property and divide the proceeds among the owners according to their interests.

See the Utah code provisions on actions affecting real property, including partition: Utah Code, Title 78B, Chapter 6 (Actions Affecting Real Property).

Which outcome will the court choose — division or sale?

The court generally prefers partition in kind (physically dividing land) if it is reasonably practical and fair. If the parcel cannot be fairly divided because of size, shape, improvements, or other factors, the court will order a partition by sale and split the sale proceeds among the owners.

Practical steps to force a sale in Utah

1. Confirm ownership and title status. Determine whether the parcel is already distributed to heirs (owned individually) or still titled in the decedent’s name or an estate. If the estate has not been administered, the personal representative may need to act to transfer title or sell.
2. Try negotiation first. Offer a buyout, mediation, or a neutral appraisal to set a market price. Courts often encourage parties to settle before full litigation.
3. Consider a written partition agreement. If owners agree on terms (sale, buyout, or division), memorialize it in writing and record necessary documents.
4. If negotiation fails, file a partition action. File a complaint for partition in the appropriate Utah district court. The complaint names all co-owners and describes the property and each party’s interest.
5. Temporary relief and appointment of a receiver. The court can appoint a receiver to protect property, collect rents, perform maintenance, and handle sale procedures while the case proceeds.
6. Court-ordered sale and distribution. If the court orders sale, it will supervise or order a public sale (often by auction or realtor). The court divides net proceeds according to each owner’s share after paying liens, taxes, and approved costs.

Costs, timeline, and consequences

Partition actions take months to over a year depending on complexity and court schedules. Expect court filing costs, possible attorney fees, appraisal and title costs, and sale expenses. The court can award costs and attorney fees in some circumstances, but those awards are discretionary.

When estate administration matters

If the property is still part of a probate estate or a trust, the personal representative or trustee has duties and limited authority. Sometimes selling requires court permission or consent of the fiduciary. Consult an attorney if the asset is still in probate or trust administration.

Alternatives to litigation

• Buyout: one heir purchases the others’ shares using an agreed appraisal.
• Private sale if all owners then agree on listing agent and terms.
• Mediation to avoid court and preserve family relationships.

Where to find the rules and forms

Utah district court procedures and many self-help resources are available from the Utah judiciary’s website: Utah Courts — How To. For statutory guidance on partition and related actions, see the Utah Code chapter referenced above.

Summary: If a co-owner refuses to list an inherited parcel, you can attempt negotiation, mediation, or a buyout. If those fail, you can file a partition action in Utah district court to force a division or sale. Because facts and title/estate status affect the best path, consult a Utah attorney for help with filings, deadlines, and strategies.

This is not legal advice. It is general information about Utah law and does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Utah attorney.

Helpful hints — what to do next

• Gather documents: deed, will or trust, death certificate, probate case number (if any), mortgage statements, insurance, tax records, and any communications with co-owners.
• Get a current market appraisal or broker opinion before making offers or filing suit.
• Document attempts to negotiate in writing. Courts and mediators like to see a good-faith effort to resolve the dispute.
• Consider mediation early. Mediation is faster and cheaper than filing a partition action and preserves family relationships where possible.
• If you file a partition action, identify and name every person with a recorded interest in the property to avoid future claims against the sale.
• Ask your attorney about requesting a receiver if the property generates rent or is deteriorating. A receiver protects the value during litigation.
• Be prepared for the financial side: net proceeds may be reduced by mortgages, liens, taxes, repairs, and court-approved sale costs.
• Contact the Utah State Bar’s lawyer referral service or a local probate/real property attorney for a consultation about your options.

Reminder: This article explains general legal processes under Utah law. It is not legal advice. For help with your specific facts, contact a licensed Utah attorney.