What Is a Partition Action and How Does a Real Estate Lawyer Help?

Partition actions often come about because the property or land that has been purchased has more than one person’s interest. This could be a loved one or someone that has a financial interest.

If these interests diverge such as when there are different notions of what to do with the property, a dispute may arise. If one wants to improve the area, but the other person wants to get rid of it, these instances become complicated about how to use it and what to do next. In these situations, a real estate lawyer is frequently the route of assistance.

Diverging interests often arise when one individual wants to do something such as build or add onto the house or buildings on the property but the other person would like to start a factory or farm instead. Because both of these cannot be accomplished with the amount of land or property available, a third-party is needed for assistance. This is usually required when negotiation or compromise is not possible and both parties are getting nowhere with what to do. This is how a partition action comes into play. This legal action may divide the property into shares for each individual to that both may move forward with whatever plans.

Types of Partitions for Real Estate Disputes

To ensure peace is maintained between the parties that have brought the dispute, a partition action is often how the courts would like to resolve these matters. Within this regulation, there are two primary forms of partitions involving land ownership. These are actual partition and partition by licitation or succession. The actual partition cuts the specific interest when it is jointly owned. This then provides individual portions of the property to each person that is smaller than the total previously owned together. This is the easiest form of partition and the most commonly used action taken. While the parties may not be completely happy with a smaller portion, they may be amenable to a resolution.

A licitation partition or a partition by sale is when the property is sold in its entirety which provides the parties involved with the proceeds. Though this may be a drastic move, it is taken when the actual partition is difficult to complete or when the involved parties cannot agree on an outcome. This may be accomplished more often when there is a small building or similar items that cannot be split equally. This means selling the lot is the better resolution for all involved persons. This then leads each to collect the proceeds and then purchase land or property as he or she sees fit.

Intentional Partition and. Jurisdictional Partition

Many instances of partition actions are intentional or voluntary for all parties involved. This mans the co-owners of the estate have agreed to the partition so that the property may be divided among them. However, if not everyone agrees, one of the owners of the land has the choice to file a suit with the courts so that a partition is compelled. While this could be complicated when no agreement has been made by all persons owning the land, it is better to negotiate and compromise in this manner than be forced or compelled by the courts to submit to judgment.

Court-ordered petition usually is accomplished through non-negotiation between the parties. A resolution must be made, and only the courts are able to complete these processes. However, various factors such as the rights, titles and interests of the individuals affected are taken into account for the determination. These actions may be fought, but a lawyer is needed to file for statutes of limitations, delays and public policy issues.

Mediation and Lawyer Involvement with Partition Actions

When disagreements arise with co-owners of a property in how to move forward with a plan of action, how to use property on land, what ways to divide or sell the parcel and which pieces should be affected, partition actions may be the better route to take if the legal arena must be involved. However, it is possible to mediate a decision with the use of a lawyer as someone to provide advice. This is when both parties are amenable to a resolution that both may be happy with through compromise.
If, however, mediation cannot be achieved, it is best to obtain a lawyer for litigation or partition actions. The legal representative may ensure all rights and factors are taken into account for the case. This means the interests of the client are important and applied to the claim on the property.

Provided by HG.org

Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case.

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