Partition Actions in Utah | UT Legal Resources | FastCounsel

How Does a Partition Action Work to Resolve a Dispute Among Multiple Owners in Utah?

This FAQ explains how a partition action works under Utah law to resolve disputes among co-owners of real property. It is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance tailored to your situation. Detailed Answer What Is a Partition Action? A partition action is a lawsuit […]

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How Do Existing Mortgage Obligations Affect the Sale and Division of Proceeds in a Partition in Utah?

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Detailed Answer When co-owners of real property in Utah seek a partition by sale, any existing mortgages or deeds of trust on the property remain attached to the title. Under Utah Code §78B-6-507 (Distribution of Proceeds), the court orders a sale […]

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What legal options exist in Utah if co-owners cannot agree on sale logistics or cost sharing?

Detailed Answer When multiple people own the same real property in Utah and cannot agree on how to sell or share costs, state law provides several remedies. Below are the primary legal options available under Utah law: 1. Partition Action Under Utah Code Ann. §78B-6-101, any co-owner may file a lawsuit for partition. The court […]

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Can I Partition Property Owned with My Spouse After Separation but Before Divorce in Utah?

Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. In Utah, any co-owner of real property may file a partition action to divide or sell jointly held land. This right applies even if the co-owner is your spouse and you have separated but not yet finalized a divorce. […]

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What steps are required to schedule a hearing in a partition action in Utah?

Detailed Answer After you serve defendants in a Utah partition action (see Utah Code § 78B-6-501) and the 20-day response window closes, you can set the case for hearing. Follow these steps to schedule your partition hearing: Check for Default or Answer If a defendant fails to answer within 20 days, file a Request for […]

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What steps are required to file a court petition to partition land owned by multiple relatives in Utah?

Detailed Answer: Steps to File a Partition Petition in Utah Disclaimer: This information is for educational purposes and does not constitute legal advice. Always consult a qualified attorney regarding your situation. 1. Verify Ownership and Property Description Gather each relative’s deed, the property survey, and the legal description. Confirm that all co-owners hold title in […]

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