What happens in a petition to partition case?

What happens in a petition to partition case?

In such a situation, there is a proceeding called a Petition to Partition. This allows at least one of the individual owners to petition the court to divide the property and force a sale. When this process is initiated, a notice is issued by the court and served upon all owners of the property,…

When is a partition necessary to force a sale?

In many cases, however, a family is unable to agree or communicate in any fashion that would allow the matter to proceed uncontested, and therefore, the partition proceeding is necessary in order to force the sale on behalf of the uncooperative or disagreeable heirs.

When to use petition to partition as last resort?

The Petition to Partition proceeding should be viewed as a last resort when there is basically no cooperation among family members. All parties must understand that there will be significantly more expense and time delay, and their property may in fact be sold to an unwanted buyer at a lower than anticipated price.

Can a right to partition be used at any time?

The right can be used at any time, even if it’s not referenced in a contract. Partition is a remedy that’s usually favored by courts, for the sake of maintaining peace between the parties. In other words, assuming that you meet the various legal requirements for partition in your state, your partition suit should be readily granted.

Do you need a court order to partition a property?

The demand for partition must be granted by the Court to those persons. This article shall discuss the basics of an action to partition, how it is brought, what are the criteria for success and how the property or the sale proceeds, if successful, are divided up.

What does it mean to partition jointly held property?

Partition of Jointly Held Property – The Basics. To legally “partition” property means to bring a proceeding in court to force the physical division or sale of the property and division of the proceeds among the co owners.

Can a co owner fight the right of partition?

In certain cases it can be an absolute right of a co owner while in others it is contingent on various factors. If you are planning or do own property jointly it is absolutely vital for you to fully understand how partition works and what rights a co owner has to insist upon…or fight…the right of partition. Why?