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 to divide or sell the property (a partition action). The court can order the property physically divided when practical or order a sale and divide proceeds among owners. Other options include negotiating a buyout, asking the personal representative or Utah probate court to enforce estate terms, or seeking an ejectment or accounting for unpaid rent/expenses. This article explains how those remedies work under Utah law and what practical steps to take.

How ownership works after someone dies (basic concepts)

When someone dies, title to real property passes according to the deed, a will, or Utah’s intestacy rules. Multiple heirs may become co‑owners (tenants in common) of the same property. Each co‑owner holds an undivided interest in the whole property — no one automatically gets exclusive rights to live there unless the estate or owners agree otherwise or the court orders it.

Legal tools available in Utah

Key legal remedies and concepts to know:

• Partition action: A court can divide property physically (partition in kind) if feasible, or order a sale and split proceeds among owners (partition by sale). See Utah law on partition actions for details: Utah Code, Judicial Code (partition actions).
• Ejectment/trespass: If someone is occupying the property without a lawful right, a co‑owner or the estate representative may be able to bring an action to evict them (ejectment), though courts consider co‑ownership rights and the occupant’s legal basis for staying.
• Accounting for rent and expenses: A co‑owner living in the property may have to pay fair market rent to the other owners, or the occupying owner may be credited for ordinary maintenance — courts balance these claims and can order an accounting.
• Probate court enforcement: If the property is still in probate or the will/estate plan addresses occupancy, the personal representative (executor) can take steps to enforce the estate’s terms or ask the probate court for instructions or relief. See Utah probate laws: Utah Code, Title 75 (Probate).
• Buyout/settlement or mediation: A practical resolution is a negotiated buyout where one owner pays the occupant for their share. Mediation often reduces time and cost compared with litigation.

Typical court process for a partition action (what to expect)

1) Filing: A co‑owner files a petition for partition in the appropriate Utah district court. The petition identifies all owners and their claimed shares.

2) Temporary orders: The court may issue temporary possession or maintenance orders, and address issues like who pays property taxes, insurance, and mortgages while the case proceeds.

3) Determining feasibility: The court examines whether the property can be divided fairly (partition in kind). If dividing will substantially reduce value or is impractical, the court usually orders a sale.

4) Sale and distribution: If the court orders sale, a referee or commissioner commonly sells the property at public auction or through a supervised sale. Sale proceeds pay liens, costs, and then are distributed to owners according to their interests, after any rent or credit adjustments ordered by the court.

Common outcomes and who pays what

• If the court orders sale, costs of the partition suit and sale are typically paid from the proceeds before distribution.
• The occupying heir might be ordered to pay rent to other co‑owners for exclusive use, or might receive credit for improvements or mortgage payments they made; the court balances these claims in an accounting.
• In some cases the court awards the property to one owner and orders that owner to compensate the others for their shares (buyout).

Practical steps you can take right now

1. Confirm ownership records: Get the deed, probate documents, and any wills. Confirm whether title is held jointly or as tenants in common and who is the personal representative.
2. Communicate in writing: Send a polite written demand asking the occupant to vacate or consent to a sale or buyout. Keep copies.
3. Consider mediation or a buyout offer: Mediation is faster and cheaper than court. An appraiser can provide fair market value for buyout calculations.
4. Document expenses and income: Track mortgage, taxes, insurance, utilities, and any rent paid or refused. Courts use this documentation in an accounting.
5. If negotiations fail, consult an attorney about filing a partition action or, if the occupant has no lawful right to possess, an ejectment action.

Hypothetical example

Sarah and Marco inherit their parents’ house as tenants in common after probate. Marco moves in and refuses to sell or leave. Sarah wants cash to buy another home. Sarah first offers to buy Marco’s one‑half interest; Marco refuses. Sarah then files a partition action in Utah district court. The court finds the neighborhood lots cannot be fairly divided (partition in kind would not work) and orders sale. A court‑supervised sale pays off the mortgage and expenses; Sarah and Marco split the remainder. If the court finds Marco improperly withheld rent or failed to contribute to mortgage/taxes, the court adjusts distributions accordingly.

Timing, costs, and risks

Litigation can take months to over a year, depending on complexity, and costs (attorney fees, court costs, sale fees) reduce sale proceeds. Consider negotiating a buyout or mediation to save time and expense. If you are the personal representative of the estate, act promptly to protect estate assets and follow fiduciary duties under Utah probate law.

When to hire an attorney

• If the occupant refuses all reasonable offers to buy or move.
• If title is unclear, liens or mortgage issues exist, or estate/probate complicates possession.
• If you need help preparing a partition or ejectment filing, or need an accounting of rents and expenses.

An attorney can explain court procedures, prepare pleadings, gather evidence of payments and contributions, and negotiate settlement terms or manage a court‑ordered sale.

Helpful Hints

• Always document communications in writing and keep paper/electronic copies of deeds, wills, probate orders, and expenses.
• Get a professional appraisal early if considering buyout or sale; it supports settlement and court valuations.
• Check for liens, mortgages, unpaid taxes, or code violations; these affect sale proceeds and obligations.
• Consider mediation before filing suit — Utah courts often favor dispute resolution and it can cut costs and time.
• If you are a personal representative, follow probate process and court orders closely; failing to do so can create personal liability.
• Be realistic about time and costs — litigation can reduce what owners ultimately receive from a sale.