How to Defend a Partition Action to Prevent Sale of an Inherited Home — Utah
How to Defend a Partition Action to Prevent Sale of an Inherited Home (Utah) Disclaimer: This article provides general information about Utah law and common defenses to partition actions. It is not legal advice. Consult a licensed Utah attorney to discuss the specific facts of your case. Detailed Answer — Understanding Partition Actions in Utah […]
Read article →Utah: Co‑tenant Refinances or Takes a Home Equity Loan Without My Approval — What You Need to Know
Detailed Answer Short version: If a co‑owner of an inherited Utah property obtains a home equity loan or refinances without your permission, that person generally can only encumber their own ownership interest unless they fraudulently forged your signature or convinced a lender to accept a loan against the whole property without your signature. What that […]
Read article →Utah: Remedies When a Co‑Owner Sells Property Without Your Consent
What can a co‑owner do if another co‑owner sells property without their consent? Short answer: In Utah a co‑owner who did not consent to a sale still has several civil remedies. The non‑consenting co‑owner can challenge the transfer (if it was forged or fraudulent), ask a court to quiet title, seek a partition (either division […]
Read article →Utah: How to Buy Out Siblings’ Interests in a Parent’s Property (FAQ)
Can I buy out my siblings’ interests in our father’s property under Utah law? Short answer: Yes — in Utah you can usually buy out your siblings’ ownership interests, but the process depends on how title is held, whether the property is in probate, any mortgages, and whether siblings agree. If siblings refuse to sell […]
Read article →Utah — Filing a Partition Action or Petition for Sale of Inherited Real Estate When Some Heirs Are Minors
How to file a partition action or petition for sale of inherited real estate when some heirs are minors Short answer: In Utah you can ask the district court for a partition in kind (divide the land) or a partition by sale (sell the property and divide the proceeds). When one or more heirs are […]
Read article →Utah Guide: Forcing Sale or Division of Family Land (Partition Rights)
Detailed Answer When multiple family members own an undivided interest in a single parcel of land in Utah, any co-owner generally has the right to seek a court-ordered partition. A partition forces either (1) a physical division of the parcel into separate tracts (partition in kind) or (2) a sale of the entire parcel with […]
Read article →How to File a Partition Lawsuit in Utah When Co-Owners Disagree
Detailed Answer When co-owners of real property in Utah cannot agree how to divide land or a building, Utah law provides a court process called a partition action that forces a division or sale and divides the proceeds among the owners. This section explains the typical steps, what the court may order, who must be […]
Read article →Utah — How to File a Partition Action to Force Sale of an Inherited Interest in Land
FAQ — Filing a Partition Lawsuit in Utah to Force Sale of an Inherited Interest in Land This FAQ explains, in plain language, how a person who holds an inherited ownership interest in Utah real property can ask a court to partition the property (including forcing a sale) and how the process typically works. Detailed […]
Read article →Can a Court Appoint a Commissioner for a Private Sale in a Utah Partition Action?
Overview This article explains how courts handle requests to appoint a commissioner (sometimes called a commissioner, master, or special commissioner) to conduct a private sale in a Utah partition proceeding. It summarizes the typical procedure, what judges consider, what a commissioner does, and practical tips for making a successful request. This is educational information only […]
Read article →Negotiating a Co‑Owner Buyout in Utah: How to Avoid a Court Partition
Negotiating a Buyout of a Co‑Owner’s Share Instead of Filing for Partition in Utah — A Practical FAQ Short answer Yes. Under Utah law, co‑owners of real property may negotiate a buyout of one another’s ownership interest instead of asking a court to order a partition or sale. Voluntary buyouts are common, usually faster, cheaper, […]
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