Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice specific to your situation.
In Utah, a co-owner of real property can compel a sale through a partition action under Utah Code Title 78B, Chapter 6. This process allows the court to divide property among co-owners or order its sale when division is impractical or unfair.
- Filing the Petition. The interested party files a complaint in the district court seeking partition under Utah Code § 78B-6-501. The petition must name all co-owners and describe the property.
- Service and Joinder. The petitioner serves each co-owner. The court will join necessary parties and ensure everyone has notice and an opportunity to be heard.
- Partition in Kind or by Sale. Under Utah Code § 78B-6-507, the court first considers dividing the property physically (partition in kind). If division is impractical, would substantially reduce value, or result in inequity, the court orders a sale.
- Appointment of Commissioner. The court appoints a disinterested commissioner to oversee the sale process per Utah Code § 78B-6-509. The commissioner ensures fair marketing, bidding, and compliance with court instructions.
- Sale Process and Distribution. The commissioner issues notice of sale, conducts the public auction or private sale, and reports the sale price to the court. After deducting costs and expenses, the court directs the distribution of proceeds among co-owners according to their interests.
During the partition hearing, each party can present evidence on the property’s market value, proposed division, or sale terms. The court weighs practicality, equity, and co-owners’ rights when deciding whether to divide or sell.
Helpful Hints
- Review local court rules for filing fees and procedural requirements in your district.
- Consider obtaining a professional appraisal to establish accurate market value.
- Negotiate a voluntary agreement with co-owners before filing; courts favor consensual partitions.
- Gather documentation of ownership interests: deeds, titles, and mortgages.
- Consult an attorney early to understand deadlines, costs, and strategic options.