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 practical. If the court finds physical division impractical or unfair, it will order the property sold and divide the net proceeds among the owners according to their ownership shares.

What ownership issues you must check first

• How title is held right now — joint tenancy with right of survivorship, tenancy in common, or held in a trust. Joint tenancy may mean the survivor owns the whole property automatically; tenancy in common means each owner has a share that can be transferred by will or probate.
• Whether the decedent’s interest passed through probate, a trust, or by operation of law. If the estate has not been administered, you may need to open probate to clear title before a sale.
• Outstanding mortgages, liens, taxes, or judgments that attach to the property. A partition sale does not erase liens — they typically get paid from sale proceeds.

How forcing a partition sale typically works in Utah (step-by-step)

1. Confirm title and shares. Order a title report or run a simple county recorder search. Confirm how ownership is recorded and each party’s percentage share.
2. Try to reach an agreement first. Courts prefer parties to settle. Options include one co-owner buying the other’s share, selling the house on the open market by agreement, or signing a buy-out contract with a price set by appraisal.
3. If negotiations fail, file a partition action. One co-owner files a civil complaint for partition in the district court in the county where the property is located. The complaint requests either partition in kind (physical division) or sale and distribution of proceeds.
4. Court determines whether partition in kind is practical. The court considers whether the property can be divided without unfairness or harm to value. If division is feasible and fair, the court may order partition in kind or adjust shares instead of selling.
5. If in-kind partition is impracticable, the court orders sale. The court typically appoints a commissioner or special master to manage the sale. The property is sold either by public auction or private sale approved by the court.
6. Payment of liens and distribution of net proceeds. Sale proceeds pay mortgages, taxes, liens, court costs, and the commissioner’s fees. The remaining amount is divided among owners according to their legal shares.
7. Final order and transfer of title. After sale and distribution, the court issues a decree closing the partition action and directing transfer of title to the purchaser.

Key legal considerations under Utah law

• Partition actions are civil matters handled in Utah district court in the county where the land lies. See general Utah Code resources at the Utah State Legislature: le.utah.gov.
• The court has discretion to order partition in kind or a sale, depending on fairness and practicality. If the property is a single-family home on one lot, partition in kind is often impractical, so courts frequently order sale.
• Mortgages and liens survive partition; the purchaser at a court-ordered sale may take title subject to some liens unless the court orders otherwise. Mortgage lenders typically must be paid from sale proceeds or foreclosed separately.
• If an estate or probate matter is unresolved, the court may require that probate be completed or that a personal representative be joined to the partition action so title can be cleared.

Example (hypothetical facts to illustrate)

Suppose two siblings inherit their late father’s house as tenants in common, each with a 50% share. They cannot agree whether to keep or sell. One sibling files a partition action in the county district court. The court reviews the property and finds it cannot be fairly divided into two separate lots. The court appoints a commissioner to advertise and sell the house at private sale approved by the court. After sale, the mortgage, property taxes, and sale costs are paid, and the remaining proceeds are split 50/50. The court issues a final decree transferring title to the buyer and closes the case.

Practical steps you should take now

1. Obtain a copy of the deed and the county recorder’s records for the property.
2. Check whether a probate case is open or whether the decedent’s share has been legally transferred.
3. Get a recent market appraisal or broker price opinion so you know the property value before negotiating or filing suit.
4. Consider mediation or a neutral valuation (binding or non-binding) to avoid litigation costs.
5. If proceeding to court, gather documents: deed, mortgage statements, tax bills, homeowner association documents, and any will or trust documents.

Costs, timeline, and likely outcomes

Expect a partition action in Utah to take several months to over a year, depending on complexity and whether parties settle. Costs include court filing fees, attorney fees, appraisal fees, commissioner costs, and sale expenses. Often the net result is a forced sale with division of proceeds, but in some cases one co-owner buys out the other to avoid sale.

When to hire an attorney

• Title or probate is unclear.
• Significant liens, mortgage issues, or tax concerns exist.
• There is family conflict and you expect contested litigation.
• You want help negotiating a buyout, mediation, or a structured settlement.

Helpful hints

• Try mediation first — courts often encourage parties to settle and it saves time and money.
• Get an independent appraisal to support any buyout offer or to inform the court if you file for partition.
• Keep paying mortgage, insurance, and taxes while the dispute continues to avoid liens and foreclosure.
• Document all communications with co-owners and any offers or refusals in writing.
• If you are worried a co-owner will waste or damage the property, ask the court for temporary relief to preserve value pending final resolution.
• Consider whether an internal settlement (one sibling buying out the other) is financially preferable to a public sale that could reduce net proceeds.

Disclaimer: This article explains general principles under Utah law and is for informational purposes only. It is not legal advice. Laws change and every case is different. Consult a licensed Utah attorney to get advice tailored to your situation before taking legal action.

For general Utah code and statute access, see: Utah Code (le.utah.gov). For court process information, see: Utah Courts.