A partition lawyer can help you with a variety of legal issues. They can assist you with dividing the real estate between co-owners or selling your home to a third party if you and your co-owner cannot agree on the value of the property.
Partition by Appraisal
A common type of partition is a "partition by an appraisal," in which the parties agree in advance that one will buy out the other's interest at an appraised price and they agree to make payments accordingly. Then, they hire a licensed real estate appraiser to determine the fair market value of the property and to give that appraisal to each of the parties. Check out this article on how to win a partition action.
The court will then order the parties to sell the property by appointing a court-appointed partition referee or a licensed realtor. Then, the proceeds of the sale are distributed by the evidence and evidentiary code requirements for a partition action.
Generally, the right to file a partition suit is a matter of state law. In some states, co-owners' rights to a partition can be limited by an agreement between the owners in which they agreed not to file a lawsuit for partition unless certain conditions are met, or if the co-owners have consented to a particular form of partition.
Before filing a partition suit, the owner should consult with an experienced partition action attorney who will be able to advise you as to the appropriate procedure. The first step in a partition suit is to file a complaint with the court in which the property is located and obtain an interlocutory judgment confirming that you have a valid complaint.
It is also important to discuss the nature of your relationship with the other co-owners before filing the complaint. An attorney can also review the parties' agreements and determine whether they were discussed or executed in writing. If a waiver was discussed or signed in writing, then the courts will typically enforce the terms of that agreement.
Family Disputes That Can Lead to a Partition Suit
Family disputes can create significant turmoil and expense, and they often do not even occur when everyone was happy and had the same goals when they bought the property. Disputes can arise for a variety of reasons such as who lives at the property, how much responsibility it should have to keep it up, and what repairs are needed.
The most effective way to avoid a partition lawsuit is to attempt to mediate your dispute with the other owners of the property. Bringing two or more owners together for a discussion of the issue will be the most cost and time-effective approach to the resolution of the issue.
If no satisfactory solution is found by mediation, then a partition lawyer can be brought in to resolve the issue and ensure that your interests are protected. However, if the mediation fails and a lawsuit is the only course of action available, then the partition lawyer will need to represent you in court where a judge will decide what to do with your property. This post: https://www.britannica.com/topic/lawyer elaborates more on the topic, so you may need to check it out.
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