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PARTITION ACTIONS TO DIVIDE REAL PROPERTY

Partition Actions to Divide Real Property

If joint owners of real property, such as land or a home, cannot agree, e.g., one owner wants to sell the land and the other owner wants to rent the land as an investment, partition of real property needs to be considered.

In general, actual partition is rarely available. One exception is a parcel of land with the same terrain and the same access. Therefore, partition is almost always handled through a sale of the real property, and the proceeds distributed by court order in the relative percentages of ownership. For example, if three siblings inherit a home from their parents that only one sibling is managing and paying for repairs and maintenance, that sibling would receive more of the proceeds of sale.

The first step in a partition action after filing the lawsuit is the court appointment of a neutral third-party to sell the real property. Although usually the court appoints an impartial Special Commissioner to sell the real property, sometimes the parties can agree on a local listing broker to sell the real property.

Frequently Asked Questions about Partition Actions to Divide Real Property

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