PARTITION ACTION

A partition action is a legal proceeding used to end joint ownership of real estate when co-owners cannot agree on what to do with the property. Any co-owner has the right to request that the court divide the property or, more commonly, order it sold and distribute the proceeds fairly among the owners.

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Partition actions most often arise in cases involving:

1. Inherited property among siblings or family members

2. Unmarried couples who own property together

3. Former business partners or friends who invested jointly

4. Co-owners who disagree about selling, maintaining, or renting a property

Types of Partition

There are generally two forms of partition:

1. Partition in Kind – The property is physically divided among the owners (possible for large parcels of land, but rare for residential property).

2. Partition by Sale – The property is sold, and the sale proceeds are divided among the co-owners according to their ownership interests.

In most residential cases, courts order a partition by sale when physical division isn’t practical.

 

Our Partition Action Services

Our firm provides comprehensive legal representation in all aspects of partition matters, including:

1. Evaluating ownership interests and reviewing deeds, wills, or trust documents

2. Negotiating buyouts or settlement agreements to avoid litigation when possible

3. Filing or defending a partition action in court

4. Coordinating appraisals and valuations of the property

5. Handling sales, title transfers, and distribution of proceeds

6. Conducting Pre-Trial Discovery, such as depositions, accounting for property expenses

7. Representation at Trial and Post Trial Judgment Enforcement.