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.