Partition Actions in Utah | UT Legal Resources | FastCounsel

Utah: How Heirs Can Force a Sale of Inherited Co-Owned Land

When Co-Heirs Disagree: Forcing a Sale of Inherited Utah Land This FAQ-style guide explains how an heir can compel sale of co-owned inherited real property under Utah law, what the court can order, and practical steps to resolve disputes. Detailed Answer When multiple heirs own undivided interests in real property, Utah law gives any co-owner […]

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How to Arrange a Property Survey When You Co‑Own Land in Utah

Can I arrange a property survey when I co-own real estate with a sibling? — Practical steps under Utah law Detailed answer If you co-own property in Utah with a sibling and you want a survey, you can usually arrange one without court involvement if the co-owner cooperates. A survey will identify boundaries, easements, improvements, […]

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Utah: Partition Actions When a Co‑Owner Is Adjudicated Incompetent and Has a Court‑Appointed Guardian

Short answer If one co‑owner of real property in Utah has been adjudicated incompetent and has a court‑appointed guardian, the guardian stands in place of that co‑owner for most property decisions. A partition action can proceed, but the court and the guardian must protect the incapacitated person’s interests. The guardian must be served and usually […]

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Utah — How to Start a Partition Action to Divide or Sell Real Estate

Detailed Answer: How to start a partition action in Utah when co-owners can’t agree 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 […]

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Utah — How to Buy Out Siblings’ Interests in a Co‑Owned Home

Can I buy out my siblings’ interests in our co‑owned home? (Utah) — Clear steps Short answer: Yes — you can often buy out your siblings’ ownership interest, but the exact steps depend on how title is held, whether there are mortgages or liens, whether your siblings agree, and Utah procedures for transferring deeded interests. […]

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Utah: Forcing a Sale When Some Family Members Refuse — Partition Rights and Steps

Overview If some co-owners want to convert jointly owned real estate into cash while others refuse, Utah law provides a court remedy that can force a sale in many situations. The typical route is a partition action, where a co-owner asks the court either to physically divide the property (partition in kind) or to order […]

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Utah: Rights When a Co-Owner Lives on Property under a Life Tenancy

Disclaimer: This is general information, not legal advice. Consult a licensed Utah attorney about your specific situation. Detailed Answer — Your rights when a co-owner holds a life tenancy and occupies the property (Utah) When one co-owner holds a life estate (a life tenancy) in real property and is living in the property, Utah law […]

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Utah: Can a Life Tenant Stay in the Home During a Partition Action?

Detailed Answer Short answer: Under Utah law, a person who holds a valid life estate (a "life tenant") generally has the right to possess the property for the length of the life estate. If a co-owner files a partition action, the life tenant usually can remain in possession during the case, but the court can […]

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How to File a Partition Action in Utah When Co-Owners Won’t Respond

Filing a Partition Action in Utah When Some Co-Owners Won’t Respond Short answer: In Utah you can file a partition action in district court to force sale or physical division of inherited real property even if some co-owners do not respond — but you must follow the court’s service and notice rules, try to locate […]

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Utah: What Happens When Co-Owners Disagree and a Court-Appointed Commissioner Handles a Private Sale?

What happens when co-owners disagree and a court-appointed commissioner handles a private sale of a co-owner’s share? Short answer: In Utah, when co-owners cannot agree on dividing real property, a co-owner can ask the court to partition the property. If the court orders sale rather than division in kind, it may appoint a commissioner (a […]

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