Partition of Real Property in Utah
Under Utah law, real property is often owned by multiple parties as
tenants in common or as joint tenants. Holding title to real
estate in this manner is common. However, problems can arise
when there is disagreement between the owners as to how to use or
manage the property, whether to sell the property, or other disputes
relating to the ownership of the property. If these disputes
cannot be resolved, Utah law provides that a legal action may be
brought to divide the property among the owners. Such a legal
proceeding is called an action for partition of real property. If you are involved in a dispute involving real estate in
Utah where you are a part-owner of the property, it is important to
protect your rights by obtaining legal advice from a
Utah
real estate attorney.
In an action for partition of real property in Utah, a court may
sometimes physically divide the property. Such a division of
real estate must be done in proportion to the ownership share held by
each of the owners. For undeveloped land, this may be a
workable solution. However, in cases where the real property
includes a house or other physical structure, a physical partition of
the property may not be practical. In such circumstances, a
court may order that the property be sold and the proceeds of that sale
distributed among the owners according to their ownership interest in
the property.
Whenever an action for partition is filed in Utah, a
lis pendens
must be filed with the county recorder in the county where the property
is located. The action for partition must also include as
parties to the action all individuals who hold a recorded interest in
or lien on the property.
For more information on partition actions or other real estate legal
questions,
contact us today to
schedule an initial consultation. Based in Salt Lake City,
our
attorneys
offer legal services to clients throughout Utah.
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