If two or more people own the same real property and they cannot agree about keeping, dividing, or selling it, any co-owner can ask a Utah court to force a division or sale through a partition action. This FAQ explains, in plain language, how partition works in Utah, who must be involved, the typical court steps, alternatives you should consider first, and practical tips for preparing. This is educational information, not legal advice. Consult a licensed Utah attorney for advice about your situation.

What is a partition action?

A partition action is a civil lawsuit asking the court to physically divide property among co-owners (partition in kind) or, if physical division is impractical or would unfairly reduce value, to order a sale and divide the proceeds (partition by sale). The court decides which remedy is fair based on the property’s nature and the co-owners’ interests.

Statute controlling partition actions in Utah

Partition actions are governed by Utah law. See the Utah Code chapter that governs civil actions for partition and sale for statutory procedures and rules: Utah Code, Title 78B, Chapter 6 (Actions — civil procedures). Review the applicable sections carefully or ask an attorney to point to the exact subsections that apply to partition in your case.

Who can file and who must be joined?

• Any co-owner with a legal or equitable interest in the property can file the complaint for partition.
• The complaint must name (join) all persons who may have an interest in the property. That typically includes co-owners, lienholders (mortgagees), and others with recorded interests. Failure to join a necessary party can delay or invalidate the outcome.

Basic steps to start a partition action in Utah

1. Collect documents and evidence. Gather the deed(s), title report or abstract, mortgage and lien documents, tax records, leases, surveys, and any written agreements among owners. Identify each owner’s claimed share and any contributions you can document (improvements, payments, taxes).
2. Prepare and file a complaint for partition. The complaint explains who the owners are, describes the property, states why you seek partition (division or sale), and asks the court for a specific remedy. Court forms vary; many lawyers draft the complaint so it meets technical requirements.
3. Serve all necessary parties. After filing, each defendant (other owners and lienholders) must be properly served with the complaint and summons according to Utah rules of civil procedure. If a party’s address is unknown, Utah law allows alternative methods, but these are more complicated.
4. Wait for answers and consider temporary relief. Defendants typically have a set time to answer. If one party risks damaging the property or removing value, you can ask the court for temporary relief or an injunction to preserve the property while the case proceeds.
5. Discovery, motions, and settlement efforts. Parties exchange documents and information (discovery). Courts often encourage or require mediation to try to reach a voluntary division or sale agreement before the court orders one.
6. Hearing and determination of remedy. If parties cannot agree, the court will hold hearings. The judge will decide whether to order partition in kind (physically divide the land) or partition by sale. If the property cannot be fairly divided—because of size, indivisible structures, or other reasons—the court usually orders a sale.
7. Appointment of a commissioner or referee. If the court orders partition, it often appoints a commissioner (sometimes called a referee or master) to perform or supervise the division or the sale (arrange appraisal, advertise sales, conduct the sale, and report back to the court).
8. Sale, distribution, and final judgment. If the property is sold, the commissioner conducts the sale according to court orders. Proceeds pay liens, costs, and then are divided among owners according to their interests. The court enters a final judgment completing the partition.

How the court decides whether to divide the property or order a sale

The court looks at practical considerations: can the land be divided without significantly reducing value or causing unfairness? If an in-kind division would leave awkward, unusable parcels or hurt overall value (for example, a single house on one parcel), the court may order sale. The court considers the owners’ respective shares, contributions, mortgages and liens, and fairness in distributing proceeds.

Mortgages and liens

Outstanding mortgages and recorded liens remain attached to the property and are paid out of sale proceeds before owners receive distributions. Co-owners should know their mortgage status—if one owner has been paying the mortgage, the court will consider offsets in allocating proceeds.

Typical timeline and costs

Timing varies. An uncontested partition that can be resolved by agreement or quick division may take a few months. A contested partition with discovery, appraisal, and sale commonly takes 6–18 months or longer. Costs include filing fees, service fees, appraisal and survey costs, commissioner/referee fees, attorney fees (if ordered by the court or agreed), and sale costs. Courts may order losing or prevailing parties to pay costs depending on the case.

Alternatives to filing a partition action

• Mediation or arbitration to reach a negotiated buyout or sale plan.
• One co-owner offers to buy other owners’ shares (buyout) at a fair market price based on appraisal.
• Voluntary sale and split of proceeds without court intervention.
• Refinance to remove a co-owner from a mortgage (if lenders agree).

How an attorney can help

An attorney experienced in Utah real property and civil litigation will:

• Identify and join all necessary parties and lienholders;
• Draft and file a complaint and necessary motions that comply with Utah procedures;
• Help preserve property value through temporary relief or injunctions where needed;
• Negotiate buyouts or sale terms and represent you at mediation or trial;
• Coordinate appraisals, surveys, and execution of a court-ordered sale or division.

Practical checklist before you file

• Obtain a current deed and title search or abstract.
• Collect mortgage statements, tax bills, lease agreements, and receipts for improvements.
• Get a recent survey and a market appraisal (or be ready to ask the court to order one).
• List all possible co-owners and persons with recorded interests, plus last-known addresses.
• Decide whether you prefer a buyout, division in kind, or sale—this helps your attorney shape the complaint and settlement strategy.

When to consult an attorney

Talk to a Utah attorney if:

• Co-owners can’t negotiate a voluntary solution;
• There are complicated liens, loans, or tax issues;
• Someone is threatening to damage property or remove assets;
• Unknown or hard-to-find parties may have an interest;
• Large or valuable real estate is at stake.

Helpful Hints

• Try mediation first — it’s faster and cheaper than litigation, and courts encourage settlement.
• Document everything: who paid what, when taxes and mortgages were paid, and who made improvements.
• Obtain a current title report — missing a mortgage or lien can derail a clean distribution later.
• Be prepared for appraisal and survey costs; they are commonly required and charged to the estate or split among co-owners.
• If you want to keep the property, consider offering a written buyout proposal with proof of ability to finance it — judges appreciate good-faith settlement attempts.
• Remember that a court-ordered sale usually means public sale/auction procedures; sale costs reduce net proceeds.
• If a co-owner is making unilateral decisions (leasing, removing fixtures, or making expensive alterations), ask the court for temporary relief to preserve the property.

Where to find forms and more information

Utah courts and the Utah Legislature provide online resources for civil procedure and fee schedules. For the statutory provisions related to civil actions (including partition), see: Utah Code, Title 78B, Chapter 6. For local court forms and filing information, visit the Utah court website (select your county court’s civil or district court forms section).