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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 ...
A landowner may petition to the court under the Partition Act to force the sale of his or her land. This right, however, is not absolute. The individual wishing to sell the land must have what is called as a “possessory right” to it. For example, if a co-owned commercial property is leased to a tenant, one co-owner cannot force the sale of ...
a) Definition: A partition action is a legal procedure initiated by a co-owner of real estate to seek the division and distribution of the property’s ownership interests among the co-owners. b) Purpose: The main purpose of a partition action is to resolve conflicts and disputes among co-owners over the use, management, or sale of jointly owned property.
The partition process typically begins with the filing of a partition lawsuit in the county where the commercial property is located. This legal complaint outlines the co-owners’ dispute and requests the court to order the division or sale of the shared asset. Once the partition action is initiated, the court will assess the feasibility of a ...
Example 2: Court-Ordered Sale in a Complex Co-Ownership. A more complicated case in San Diego involved a vacation rental property co-owned by four friends. Disagreements over management and profit distribution led to a partition action: Property value: $1.8 million. Co-ownership structure: 25% each for four owners.
Oct 30, 2024 · The partition by sale can be ordered to occur through a private sale, public auction or by listing the property with help from a licensed real estate broker. Partition by Kind: The court orders the physical division of property so that each co-owner receives an undivided interest in their portion of the property. When physically dividing ...
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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.
