Helping Property Owners Resolve Shared Ownership
Owning real estate with another person can sometimes become complicated. Family members may inherit property together, former partners may continue to share ownership after a relationship ends, or multiple individuals may acquire an interest in the same property.
When co-owners cannot agree on what should happen to jointly owned real estate, a partition action may provide a legal means of resolving the situation.
Our office assists property owners with partition matters and helps clients understand their rights, options, and the legal process involved in separating jointly owned property.
When Co-Owners Disagree
Co-ownership can work well when everyone agrees about how property should be used, maintained, or eventually sold. Problems can arise, however, when one owner wants to sell while another wants to keep the property, when owners disagree about expenses or improvements, or when family members have different ideas about what should happen to inherited property.
A co-owner generally should not be forced to remain in an ownership arrangement indefinitely simply because the other owners do not want to sell.
When an agreement cannot be reached, a partition action may be an appropriate option.
What Is a Partition Action?
A partition action is a legal proceeding used to address jointly owned property when the owners cannot agree on how the property should be divided or otherwise resolved.
Depending on the circumstances, the property may be capable of being physically divided among the owners. In other situations, a physical division may not be practical, and the property may need to be sold with the proceeds divided according to the owners’ respective interests.
The appropriate approach depends on the property, the ownership interests involved, and the particular circumstances of the case.
Common Situations Involving Partition
Partition disputes can arise in many different circumstances, including:
- Property inherited by multiple family members