What Does a Partition Action Lawyer Do?

A partition action lawyer is a real estate attorney who is skilled in helping clients navigate complex property actions such as the sale of co-owned properties. The partition action forms are typically initiated by co-owners who disagree on how to divide their interests in a property or on how much to sell the property for. The first step in a partition action is to file a complaint in court, often at the Court of Common Pleas in the county where the property is located. This complaint will detail the names of the co-owners, the title and ownership interest in the property, and any claims for damages such as taxes or mortgage payments.

If the court finds that there are sufficient grounds for a partition, it will order an act of forcing a sale of a jointly owned property and the proceeds from the sale equitably be divided among the co-owners in a manner that reflects their respective ownership interests. This can occur through a physical division of the property by dividing the entire property into smaller pieces, or it can be resolved through a negotiated agreement that reflects each owner’s interest in the property and what their contribution was to maintaining the property.

When a person seeks to file for partition, many questions need to be addressed, such as how the ownership interest was set up, how to account for each of the owners’ expenses, and what the distribution of proceeds should be. These questions can be especially difficult to answer when the property is not physically divided between the parties, but they should be addressed by an experienced attorney who understands the law and how it should be applied. Another important aspect of a partition action is the timing of the proceedings. Generally, it is more effective to try to resolve the issue through negotiation or mediation before filing for a partition action.

However, this is not always possible. In addition, in some cases, it may be necessary to use the court’s powers of eminent domain, which can lead to a forced sale of the property. The court can also order the co-owners to pay a percentage of the sale proceeds as compensation for their loss or their participation in the property. Depending on the type of property involved, these proceedings can be complex and costly. It is best to work with an attorney who has experience in defending these types of cases and knows how to win the case.

While it can be tempting to go it alone in a partition action, you should be aware that the process can take a long time. This is due to the complicated nature of this type of lawsuit and because an attorney can be busy with other cases or have personal emergencies that might interfere with their ability to finish the case on time. If you need a real estate attorney, we recommend speaking with our team at Rosado, Apat & Dudley, LLP about your case. We have experience in a variety of partition actions and can represent your interests at all stages of the proceeding. Find out more details in relation to this topic here: https://en.wikipedia.org/wiki/Partition_(law).