WHAT IS A PARTITION LAWSUIT?

Find an Attorney to Help You File Your Partition Lawsuit

Partition lawsuits arise when there are multiple owners of a piece of property who no longer wish to own the property together. One party will usually file a lawsuit for partition, asking either for a division of the property or for a real estate law partition sale. By the time a partition lawsuit is filed, the parties have usually made up their mind that they do not wish to remain co-owners together. The partition law suit can generally take two different forms. A voluntary partition occurs when the parties decide that they no longer wish to own property together, and they work out an agreement as to how they will divide the property. Attorneys are still needed when the partition is voluntary, as they must oversee the negotiation of the contract, real estate closings, and filing of all necessary paperwork.

When the parties can not come to an agreement on their own, there will usually be lengthy partition litigation. Partition litigation usually centers around two main problems: should the house be sold and the proceeds divided? And how should the property or proceeds be divided?

 

There are two major types of partitions. They are partitions in kind and partitions by sale. Partitions in kind involve physically dividing up the property between two parties. In these situations, the parties will often litigate about how much of the property they should each get, and what parts of the property. The other means of partitioning a property is to force a sale. There are two bases for a lawsuit concerning a forced sale. The petitioning party must show that it is impracticable to divide the land between the two parties or that it is not in the parties’ best interest to do so. If the petitioner can show either of these arguments, the judge will likely order that the property be sold and the proceeds divided between the two owners. It doesn’t end there, however. Depending on what type of tenancy the owners had, there are many different ways in which the proceeds can be divided.

The steps for filing a partition lawsuit differ based on what state the parties reside in and the state that the property is located in. If you are interested in filing a partition action lawsuit, you should speak with an experienced real estate attorney who can guide you through the partition action lawsuit process. As you can see from the information presented on this page, there are many different variables that a judge will consider in the partition process. You want to make sure you have a lawyer on your side who will represent your interests and make sure you are not taken advantage of. Even if you and the other property owners seem to be in agreement, you should contact a partition lawsuit attorney who can review all contracts and documents to ensure that they are done properly and represent your interests.