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PARTITION ACTIONS

Partition Actions: Resolving Property Ownership Disputes

A Partition Action is a legal process used to resolve disputes between co-owners of real estate who can no longer agree on how to manage or divide the property. Whether you’ve inherited property with others, own property jointly with a business partner, or are in a co-ownership arrangement that is no longer working, a partition action allows you to request the court’s help in dividing or selling the property. At Warshofsky Law, we help clients navigate the complexities of partition actions to ensure fair and equitable resolution of property disputes.

Partition actions are often used when co-owners cannot agree on whether to keep or sell the property. In such cases, the court may order the property to be divided physically (if feasible) or sold, with the proceeds distributed among the co-owners. This legal process protects the rights of all parties involved and ensures that property disputes are resolved according to the law.

When Is a Partition Action Necessary?

A partition action may be necessary when:

  • Inherited Property: Multiple heirs may inherit property together and may not agree on how to manage or divide the property. A partition action can help resolve disagreements over the property’s future.
  • Joint Ownership Disputes: If you co-own property with a business partner, spouse, or other individual and cannot agree on whether to sell or continue owning the property, a partition action can allow the court to step in and make a decision.
  • Investment Property Disputes: Real estate investors who jointly own property may disagree on how to manage the investment, leading to the need for a partition action.

Types of Partition Actions

There are two main types of partition actions that the court may order, depending on the circumstances of the property and the co-owners’ interests:

  • Partition in Kind: In a partition in kind, the property is physically divided among the co-owners. This is more common in cases where the property can be easily divided, such as large parcels of land. Each owner receives a portion of the property, and ownership is no longer shared.
  • Partition by Sale: When the property cannot be easily or fairly divided (such as a single-family home or other non-divisible property), the court may order a partition by sale. In this case, the property is sold, and the proceeds are divided among the co-owners based on their ownership shares.

Challenges and Considerations in Partition Actions

Partition actions can become complex, particularly when co-owners disagree over the value of the property, the method of partition, or their ownership shares. Common challenges include:

  • Disputes Over Property Value: Co-owners may disagree about the property’s market value, particularly if one party believes the property should be sold for a higher price.
  • Objections to Partition: A co-owner may object to the partition action, arguing that the property should not be divided or sold.
  • Ownership Disputes: If there are disagreements about the percentage of ownership each co-owner holds, these issues must be resolved before the property can be partitioned.
  • Costs and Expenses: Partition actions can involve significant legal fees, court costs, and appraisal expenses.

Why You Need Legal Assistance for Partition Actions

Partition actions can be legally complex and emotionally challenging, particularly when co-owners are in conflict. An experienced attorney can help guide you through the legal process, ensuring that your interests are protected and that the property is divided or sold fairly. At Warshofsky Law, we are committed to helping our clients resolve property disputes efficiently and equitably.

Resolve Property Disputes with Partition Action Services from Warshofsky Law

If you are involved in a property ownership dispute and need legal assistance with a partition action, Warshofsky Law is here to help. Contact us at 305-446-1244 or email Michael at Mike@WarshofskyLaw.com to schedule a consultation and learn more about how we can assist you with partition actions.