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In its simplest form, a partition action is a civil lawsuit brought against the owners who don’t want to sell by the owners who do want to sell. The case will enlist the services of a judge, who will use the information presented by each side to make a final decision. Depending on how the case unfolds, the judge may rule in favor of the ...
Parties may be compelled to partition or sell land. 2 (1) All joint tenants, tenants in common, coparceners, mortgagees or other creditors who have liens on, and all parties interested in any land may be compelled to partition or sell the land, or a part of it as provided in this Act. (2) Subsection (1) applies whether the estate is legal or ...
Partition actions involve legal proceedings to divide co-owned property or force its sale. Courts assess ownership shares, appoint commissioners, and determine a fair division or sale. Implications include property sale, potential loss of ownership, and legal fees, often serving as a last resort to resolve ownership disputes.
Oct 30, 2024 · If the other co-owners are unwilling to sell or buy out your interest in a property for a price acceptable to you, forcing the sale of jointly owned property through a type of lawsuit known as a partition action is a viable option. Jim Bush, Partner at Keystone Law Group, discusses the most important things to know about a partition.
Oct 30, 2024 · FAQs. A partition action is a legal process that forces the sale or division of jointly owned property. Joint ownership of property can lead to disputes about how to manage or sell the property, and a partition action can help resolve conflicts by allowing the courts to decide how the property should be divided or sold.
A partition lawsuit (or a partition action) is a legal process by which a court either divides up a property among the co-owners or sells the property and divides the money among the co-owners. A partition action “splits the baby” when the owners cannot agree. Partition simply means “division”.
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Oct 7, 2024 · Also known as partition by "licitation" or "succession," a partition by sale means forcing a sale of the entire property. The proceeds are then divided among the owners. This type of partition is used when actual partition is difficult to achieve without seriously damaging one party's interests. If, for example, the property is a small lot with ...
