Property Co-Ownership and Partition in Utah

Co-owning a home or land in Utah can create major problems when the owners
disagree. Maybe you inherited a house with a sibling, bought property with a partner, or
co-signed on a home with a friend. But what happens when one owner wants to sell and
the other refuses? Utah law provides a solution through a partition action.

What is a Partition Action?

A partition action is a legal process that allows any co-owner to force the sale or division
of real estate. Under Utah Code §78B-6-1201, a joint tenant or tenant-in-common
can file a lawsuit to partition property.

  • If the property can be fairly divided, the court may split it into separate parcels.
  • If it cannot be divided—like a single-family home—the court will order it sold and divide
    the money between the owners.

Utah Case Examples

In Withers v. Jepsen, the Utah Court of Appeals upheld the forced sale of property
because zoning laws made it impossible to divide it. The court ordered the mortgage
paid off first, then split the remaining proceeds equally between the owners.

How the Money is Divided

By default, Utah courts split the net sale proceeds equally between co-owners.
Mortgages and liens get paid off first. However, under Utah Code §78B-6-1241(3),
courts have the power to make equitable adjustments. This means if you paid more
than your share of the mortgage, property taxes, or improvements, the court can credit
you before dividing what’s left.

Why File a Partition Lawsuit?

  • You don’t need the other owner’s agreement to sell.
  • You can stop a co-owner from unfairly living in the property while you get nothing.
  • You can recover your fair share of equity, and possibly get reimbursed for expenses.

Utah Partition Attorney

If you are stuck in a co-ownership dispute, an experienced Utah real estate attorney can
help you file a lawsuit to force the sale of a jointly owned home or property. This

process ensures you get your fair share of the equity and brings closure to a stressful
situation.

Call Today for a Consultation

If you are ready to resolve your co-ownership dispute, contact my office today. I will
review your situation, explain your legal options, and guide you through the partition
process so you can move forward with confidence.