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When conflict clouds co-ownership, our focused legal strategy compels the division or sale, securing a profitable resolution.
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An action for partition is often necessary when more than one person owns a piece of property. Sometimes, when there are multiple owners, those owners no longer wish to reside together or to co-own the property.
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If you’re facing a property or co-ownership dispute, you need a team that knows how to navigate partition actions with clarity. We bring experience and steady guidance to help you move toward a fair resolution.
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Our lawyers offer clients a range of quality services, including real estate litigation and alternatives to partition.
Our firm is focused on our clients’ demands for an exceptional legal service model that provides value. We understand that, for clients
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Our team has a strong track record in handling complex partition actions and co-ownership disputes. We simplify legal processes and guide clients with clarity, so they always know where their case stands.
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We focus on achieving fair outcomes while protecting your financial interests. Our approach is efficient, transparent, and built to save you time, stress, and unnecessary legal costs.
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We listen closely, understand your situation, and shape strategies that fit your goals. Every recommendation is practical, outcome-driven, and aimed at resolving your dispute in the most effective way.
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What is a Partition Action? Ending Joint Ownership Disputes
A partition action is a legal solution that grants any co-owner the absolute right to terminate joint ownership, thereby ensuring a fair distribution of the property or its sale proceeds. The word “partition” translates to “divide,” and the legal action accomplishes this by splitting either physically or by disposing of and distributing the financial returns.
The core principle behind a partition action is simple: no one can be forced to own property with someone else against their will. This fundamental right applies to most forms of concurrent ownership, primarily Tenancy in Common and Joint Tenancy. When negotiations break down, filing a partition lawsuit is often the only path to a definitive legal resolution.
The Legal Authority for Division
You have a legal right to request partition in almost all states if you are a verified co-owner of a property. This right is regarded as unconditional, and therefore, a court must approve the partition unless a valid, enforceable contract, such as a co-tenancy agreement or waiver, clearly excludes the action.
The court’s role is to ensure the fair and equitable dissolution of the co-ownership agreement.
The Two Major Types of Partition Actions
When a court grants a partition, it must decide on the method of division. There are two primary types of partition remedies: Partition by Sale and Partition in Kind.
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Partition by Sale (The Most Common Outcome)
Based on their share of ownership, the funds, excluding expenditures like legal fees, mortgage, and taxes, are distributed among the co-owners.
- When it is used: This method is most commonly employed for single-family homes, apartments, and small commercial buildings where physical division is impractical.
- The Impracticality Test: Courts favor partition by sale when dividing the property would cause inequity among owners, significantly reduce its overall value, or be physically impossible to do so.
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Partition in Kind (Physical Division)
A Partition in Kind involves the physical division of the property into separate, individual parcels, with each co-owner receiving title to their own smaller piece.
- When it is used: Although uncommon in residential real estate, this solution can be applied to large tracts of undeveloped property where physical division does not reduce the total market value.
- The Burden of Proof: Advocating for a physical split, the co-owner must convince the court that splitting the property is feasible, practical, and not financially damaging to the other co-owners.
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Emerging Option: Partition by Appraisal (UPPA/PRPA)
Some states now permit a procedure known as Partition by Appraisal, thanks to laws like the Uniform Partition of Heirs Property Act (UPPA) or state-specific Partition of Real Property Acts (PRPA).
The procedure avoids an open-market sale by enabling other co-owners to purchase the home at a reasonable price.
Resolving What’s Divided, with Authority and Precision.
Born in 1972, Baku, Azerbaijan SSR, Arkady L. Bukh is the founder of the Parition Action Law Firm. He is a successful American criminal defense attorney, reputed for strategically defending clients and getting them the best outcomes in complex international criminal matters. Mr. Bukh applies the same high-level litigation focus to property division conflicts.
When co-owners reach a deadlock and no longer wish to share property, they have a legal right to seek a partition (formal division). This legal action is the definitive step to separate jointly owned property. Property disputes are either resolved by physically dividing the land (partition in kind) or, through a court-ordered sale, where the profits are split among the owners.
Mr. Bukh delivers strategic, precise, and fair results, expertly guiding every property dispute with proven legal leadership.
Arkady Bukh (Founder of Partition Action)
20
YEARS OF EXPERIENCE
How a Partition Action Works: Process Overview
Partition cases may have different specifics, but the stages for every case are the same.
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Initiating the Lawsuit
The process starts when one co-owner, the plaintiff, files a partition complaint. The conflict and requests for the court to order a sale or division are outlined in this document, including details on ownership.
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Service and Response
Legal service officially notifies the other co-owners, often referred to as Defendants, of the action upon filing of the Complaint. This guarantees their rights and awareness of the case. They risk a default judgment for the Plaintiff if they do not respond within 20 to 30 days.
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Judicial Determination of Rights and Appointment of a Referee
The court looks at everyone’s rights of ownership. The judge designates a neutral Partition Referee, usually a lawyer or real estate specialist, to supervise the sale. The referee engages a broker, advertises the property, examines the valuation, and alerts the court.
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The Accounting and Offsets Phase
The court examines the financial condition before distributing the money. One co-owner could be given credit for payments made on their mortgage, taxes, insurance, maintenance, or salary if they used the property exclusively.
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Final Sale and Distribution of Proceeds
The court examines and approves the sale once the property is sold. Debts, legal bills, and any court-approved credits or changes are recovered first from the revenue. Whatever remains is then divided among the co-owners in proportion to their respective ownership percentages.
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