Partition Actions in Utah | UT Legal Resources | FastCounsel

Utah: Understanding a Partition Case Dismissed With Prejudice

What it means when a partition case is dismissed with prejudice Detailed answer When a judge dismisses a partition case "with prejudice" in Utah, the court has ended that lawsuit and barred the plaintiff from bringing the same partition claim again. "With prejudice" creates a final judgment on the merits or is otherwise a permanent […]

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Utah: Forcing Sale or Division of Co-Owned Real Property After Divorce

Frequently Asked Question: Options to divide or force the sale of co-owned real property after a Utah divorce Short answer If you and your ex still own real property together after divorce, you generally have four realistic paths: (1) enforce any divorce-court order that already addresses the property; (2) negotiate a buyout or settlement (often […]

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Filing a Partition Action to Force Sale of a Deceased Parent’s House — Utah

Detailed Answer Disclaimer: This is educational information only and is not legal advice. For advice about your specific situation, consult a licensed Utah attorney. What a partition action is and when it applies A partition action is a court proceeding that allows co-owners of real property to divide ownership or force a sale when they […]

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Utah: How to Make a Buyout Offer to Co-Owners in a Partition Case

Buyout Offers in a Utah Partition Case: What to Do Before the Court Orders a Sale Detailed answer When co-owners cannot agree about property, one owner can sue for partition. In Utah, a partition action gives the court power to divide property in kind (if feasible) or order a sale and divide the proceeds among […]

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Utah: What Happens If an Heir Refuses to Move Out or Sell Their Share of Inherited Property?

What to Do If an Heir Refuses to Move Out or Sell Their Share of Inherited Property in Utah Quick answer If a co‑owner (for example, an heir who continues to live in inherited property) refuses to leave or to agree to a sale, Utah law generally allows the other co‑owners to ask a court […]

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Utah: Step-by-Step Guide to Refinancing and Buying Out a Co-Owner

Disclaimer: This information is educational only and is not legal advice. Laws change and every situation is different. Consult a licensed Utah attorney and your lender before taking action. Overview This FAQ explains, under Utah law, the common steps and options when one co-owner wants to refinance a property and buy out the other co-owner’s […]

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How to Force the Sale of Joint Property in Utah When a Co-Owner Won’t Continue Mediation

Can I force the sale of jointly owned property in Utah if my co-owner refuses further mediation? Short answer: Yes — under Utah law you can ask a court to force (compel) the sale of real property held jointly by co-owners through a partition action. If mediation fails or a co-owner refuses to continue negotiating, […]

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Utah: How Heirs Can Divide or Force Sale of Co-Owned Farmland

Options for Dividing or Forcing the Sale of Co-Owned Farmland in Utah Short answer If heirs who co-own farmland cannot agree, Utah law allows a court-ordered partition action that either divides the land physically (partition in kind) or forces a sale with proceeds split among owners (partition by sale). Heirs also have non‑court options: negotiate […]

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How to Start a Partition Action in Utah When a Co‑Owner Refuses

Starting a Partition Action in Utah When a Co‑Owner Refuses to Agree FAQ: Clear, step‑by‑step guidance for nonlawyers on how to begin a partition action under Utah law. This is educational information, not legal advice. Detailed Answer — What a partition action is and the steps to start one in Utah A partition action is […]

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Utah: How to Force a Partition Sale of an Inherited House

FAQ: Partition Sale Process for Co-Owned Inherited Real Property in Utah Short answer: If you own real property in Utah together with a sibling and you cannot agree on keeping or selling it, you can ask a Utah district court to force a partition sale. The court will try to divide the land physically when […]

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