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 their names.
2. Identify the Proper Court and Venue
File the partition action in the district court for the county where the land lies. Utah Code Ann. §78B-6-102 grants any co-owner the right to maintain an action for partition. See §78B-6-102.
3. Draft the Petition
Your petition must include:
- A statement of plaintiff’s interest (e.g., tenant in common).
- A full legal description of the land.
- The names and last known addresses of all co-owners.
- The relief requested (partition in kind or sale).
Utah Code Ann. §78B-6-103 outlines the required contents. See §78B-6-103.
4. File and Pay the Fee
Submit your petition to the court clerk with the correct filing fee. Fee amounts vary by county; check the local fee schedule.
5. Serve the Co-Owners
Under Utah Rules of Civil Procedure Rule 4, serve each defendant with the petition and summons. You may use certified mail or a process server.
6. Mediation or Conference (If Applicable)
Some courts require a case management conference or mediation before proceeding. The judge may encourage co-owners to agree on a partition in kind.
7. Default or Responsive Pleadings
Co-owners have 21 days to respond. If a defendant defaults, you can request a default order and proceed to partition by sale or in kind.
8. Partition in Kind or Sale
If the court finds a fair physical division impractical, it orders a sale. A court-appointed commissioner handles the sale. See Utah Code Ann. §78B-6-201 through §78B-6-205. See Title 78B, Chapter 6.
9. Distribution of Proceeds or Deeded Parcels
After sale or in-kind partition, the court issues a final decree distributing proceeds or allocating deeded parcels according to each co-owner’s share.
10. Record the Decree
Record the final decree with the county recorder to update title records. This completes the partition process.
Helpful Hints
- Start with a current title report to confirm all owners.
- Consider a boundary survey to avoid disputes.
- Check if local courts offer online filing and payment.
- Explore informal settlement before suing to save time.
- Ask the court clerk for local rules on partition procedures.