We help property co-owners resolve disputes through partition actions, protecting ownership rights and pursuing fair division, sale, or settlement options.
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.
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.
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.
Partition disputes can arise in many different circumstances, including:
Inherited property is particularly common. A family may inherit a house, farm, land, or other real estate, with several heirs becoming co-owners. Even when the family has remained close for years, disagreements can eventually arise about whether the property should be kept, sold, divided, or transferred to one family member.
Many people hear “partition” and assume that the only possible result is a sale. That is not necessarily the case.
Depending on the circumstances and the nature of the property, a partition may involve dividing the property itself, selling the property, or otherwise resolving the ownership interests through the legal process.
In some situations, the owners may also be able to reach an agreement before the matter requires a final court determination.
Our office helps clients understand the available options and works toward a resolution that protects their ownership interests.
Real estate inherited by several family members can carry significant emotional as well as financial importance. One person may have lived on the property for years, while another may need to sell the property to receive the value of their inheritance.
These situations can become especially difficult when family members disagree about the property’s future.
Our office approaches these matters with an understanding that the dispute is often about more than real estate. We work to help clients understand their legal rights while seeking a practical resolution to the ownership dispute.
Being a co-owner of property should not mean that you are permanently trapped in an ownership arrangement that no longer works.
Whether you want to preserve your interest in property, obtain your share of its value, resolve an inherited-property dispute, or determine whether a partition action is appropriate, our office can help you understand the process and your available options.
If you are a co-owner of real estate and cannot reach an agreement with the other owners, contact our office to discuss your situation and determine how we may be able to help.
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