Partition Action Lawyers

How Partition Action Attorneys Can Help You Divide Property You Co-own

Folks often wonder whether they need partition action lawyers to help them in their real estate case. If the parties seem to be getting along, is there any need to bring attorneys into the equation? The answer is almost always yes. There is a great need for attorneys, especially in real estate litigation and transactions. When you are the co-owner of a property, and you no longer wish to own it concurrently with another person, things can be contentious at best. Many unsuspecting property owners are forced to relinquish their interest in a property simply because they don’t want to deal with the frustrating process of arguing with the co-owners. This is why it is extremely important to hire an experienced partition action attorney. Partition action lawyers work to represent your interests to ensure that you are not taken advantage of. They can help you whether your partition action is contested or not.

In voluntary partitions, partition action attorneys are still an important part of the process. They help the petitioner and the co-owner negotiate the terms for which they will divide the property. Even if you are still on good terms with your co-owner, you should hire an attorney to represent you. You will be negotiating an important legal document, the agreement to partition the property, and you will also be negotiating the manner of the separation as well as the amount of land or monies you will be receiving. In addition to this important negotiation, you will also need to draft and execute the document, draft and execute deeds, and ensure that all appropriate monies are held in escrow for the parties. When a sale is to be made, the parties, through their partition action lawyers, must ensure that the sale is made by a neutral third party. All of these steps in a voluntary partition action must be handled by an experienced partition action lawyer.

Partition action attorneys can also help their clients if the partition action goes to litigation. In these instances, there can be a lengthy court case if one of the parties is challenging the partition. Although partition is an absolute right of a concurrent property owner, the other litigant can argue that the petitioner owes them money, does not fully co-own the property, or is not entitled to the proceeds from a sale of the property. In these situations, the case can be a complicated legal proceeding that can be lengthy if the parties do not have adequate legal representation from attorneys who focus their practice on partition actions.

If you are looking for a partition lawyer, please be sure to consult with them and ask about their familiarity with real estate law in your state as well as their experience with partition actions. Partitions can be very complicated legal procedures, whether they are voluntary or whether they involve a court case. All petitioners for partition need partition action lawyers to represent their interests.

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