Detailed Answer
Under Utah law, co-owners of real property may seek a partition action to divide or sell jointly held land. These actions proceed under Utah Code Title 78B, Chapter 6. You may either initiate a partition by filing a complaint or consent to one already filed. Below are the key steps.
1. Determine Your Role and Prepare Documents
If you wish to start a partition, you file a complaint in the district court for the county where the property lies [Utah Code § 78B-6-601](https://le.utah.gov/xcode/Title78B/Chapter6/78B-6-S601.html). If a co-owner has filed, you may consent by signing a written consent form or stipulation.
2. File Complaint or Submit Consent
• To initiate: File a complaint stating each owner’s share, describing the property, and requesting partition in kind or sale in lieu of division. Attach a copy of your deed or title report.
• To consent: Submit a notarized consent to the court and all parties. This confirms you agree to the method of partition and appointment of a commissioner.
3. Serve Parties and Provide Notice
After filing, serve each co-owner with summons and a copy of the complaint or consent per Utah Code § 78B-6-604. If a co-owner cannot be located, you may request service by publication following court rules.
4. Court Appointment of Commissioner
Once all necessary parties have been served or have appeared, the court appoints a neutral commissioner (also called a master) under Utah Code § 78B-6-605. The commissioner takes an oath to act impartially and within 60 days begins inspecting and valuing the property.
5. Commissioner’s Report and Distribution Plan
The commissioner inventories improvements, assesses value, and proposes either a physical division (partition in kind) or sale. If a sale is recommended, the report will include a proposed sale price and method of sale [Utah Code § 78B-6-611](https://le.utah.gov/xcode/Title78B/Chapter6/78B-6-S611.html).
6. Court Hearing and Final Decree
All parties review the commissioner’s report. The court holds a hearing to confirm or modify the plan. If the court orders sale, a public auction or broker sale proceeds under court supervision. After sale, proceeds distribute among owners according to their shares.
Consent-only cases: If you consent and the court-appointed commissioner follows the agreed plan, the court issues a final decree without further litigation.
Timeline overview: From filing to final decree typically spans 4–6 months, depending on case complexity and property market conditions.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Gather all ownership documents and title reports before starting.
- Consider mediation or buyout discussions to avoid court costs.
- Review Utah Code § 78B-6-601 through § 78B-6-628 for detailed procedures.
- Stay informed of deadlines for serving notice and filing objections.
- Consult a Utah real estate attorney to review your complaint or consent form.
- Attend all hearings and comply with commissioner site visits.