Partition Actions – $5,000 Retainer
A partition action is a lawsuit between co-owners of real estate seeking the sale or division of jointly owned property. When co-owners cannot agree on whether to sell, maintain, or divide property, the law allows one owner to file a partition action asking the court to order the sale of the property and distribute the proceeds among the owners. Levin Law Group represents clients in partition actions involving residential, commercial, investment, and inherited property. Our partition action attorneys represent clients seeking to force the sale of jointly owned real estate, as well as clients defending against partition claims and protecting their ownership interests, reimbursement claims, and share of the sale proceeds. Partition disputes commonly arise between siblings who inherit property, former partners, investors, or co-owners who can no longer agree on how the property should be managed or whether it should be sold. Our partition lawsuit attorneys handle the litigation necessary to protect our clients’ financial interests and property rights.
Speak With a Partition Lawsuit Attorney Today
If you are involved in a dispute with a co-owner of real estate, speak with an experienced partition lawyer today. Call us toll free at (800) 517-5240, contact our office, or request a free consultation.
Services Included in Our Partition Representation
We require a $5,000 retainer to get started. As applicable, our services include:
- Filing or defending a partition action
- Evaluating ownership interests and title issues
- Seeking the sale or division of jointly owned property
- Ensuring our clients are properly compensated for their ownership interest and expenses invested into the property
- Addressing claims for taxes, mortgage payments, repairs, maintenance, and other carrying costs
- Making sure the property is sold for fair market value
- Negotiating buyouts between co-owners where appropriate
- Handling related legal disputes involving inherited, residential, commercial, or investment property
Partition Actions in New York and New Jersey
The Levin Law Group represents clients in partition actions involving disputes between co-owners of real estate in multiple jurisdictions. The laws governing partition actions may vary depending on whether the property is located in New York or New Jersey.
Frequently Asked Questions About Partition Actions
What is a partition action?
A partition action is a legal proceeding between co-owners of real estate in which one or more owners ask the court to divide the property or order the property sold so the proceeds can be distributed among the owners according to their respective interests.
What is the difference between partition in kind and partition by sale?
Partition in kind involves physically dividing the property among the owners. Partition by sale involves selling the property and dividing the proceeds among the co-owners. In many real-world disputes, particularly involving residential property, a court may order a partition by sale.
When do disputes between co-owners usually lead to a partition action?
Partition actions often arise when co-owners cannot agree on whether to sell the property, how the property should be managed, or whether one owner should buy out another. These disputes frequently occur with inherited property, investment property, or property jointly purchased by partners.
Can inherited property be the subject of a partition action?
Yes. Partition actions are commonly filed when multiple heirs inherit real estate and cannot agree on whether to keep or sell the property. In those situations, one or more heirs may seek a court order allowing the property to be sold and the proceeds distributed.
Can a partition action be filed if there is a mortgage on the property?
Yes. A partition action may still be filed even if the property is subject to a mortgage. The mortgage and any other valid liens typically must be addressed as part of the sale process before the remaining proceeds are distributed among the owners.
Can partition actions involve commercial or investment property?
Yes. Partition actions may involve many different types of real estate, including residential homes, multi-family buildings, commercial property, vacant land, and other investment property owned by multiple parties.
How long does a partition action usually take?
The length of a partition action depends on factors such as the number of owners involved, whether the parties reach an agreement, and the complexity of the financial issues relating to the property. Like most litigation matters, the process may take several months to a year or longer.
Contact Levin Law Group About a Partition Dispute
If you are involved in a dispute with a co-owner of real estate and are considering a partition action, speak with our attorneys today. Call us toll free at (800) 517-5240, contact our office, or request a free consultation.