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Partition Definition: Forcing Sale of Real Property

Image of two people pulling a house apart in half. This is one partition definition.

Partition is a legal term that refers to the process of dividing or separating property among co-owners. In the context of real estate, partition allows co-owners to force the sale of a property and divide the proceeds among themselves. This article will provide a detailed partition definition and explain how it works in practice.

What is the partition definition?

Partition is a legal process that allows co-owners of a property to either divide property (as in the case of vacant land) or force its sale if there is a building on it. This can happen when co-owners cannot agree on how to use or manage the property, or when one co-owner wants to sell their share but the other co-owner(s) do not. In this case, the co-owner(s) who want to sell can file a partition lawsuit, which will result in the court ordering the property to be sold and the proceeds divided among the co-owners. The court may also order a physical division of the property if it is feasible and equitable.

When can co-owners use partition to force the sale of a property?

Co-owners can use partition to force the sale of a property when they cannot agree on how to use or manage the property, or when one co-owner wants to sell their share but the other co-owner(s) do not. This can happen in various situations, such as when co-owners inherit a property, when they purchase a property together, or when they are awarded a property as part of a divorce settlement.

What steps involved in the partition definition?

The first step in a partition action is for the co-owner(s) seeking the sale to file a petition or complain with the court. The court will then appoint a referee to determine the value of the property and how it should be divided among the co-owners. If the co-owners cannot agree on a division, the referee may order the property to be sold at auction. The proceeds from the sale will be divided among the co-owners according to their ownership interests. It is important to note that the costs of the partition action, including legal fees and the referee’s fees, will be deducted from the proceeds of the sale.

What are the potential drawbacks of using partition to sell a property?

While partition can be a useful tool for co-owners who cannot agree on how to divide or use a property, there are potential drawbacks to consider. First, the costs of the partition action can be significant and may eat into the proceeds of the sale. Additionally, the sale may not fetch the full market value of the property, particularly if it is sold at auction. (In Arizona, there is no need to sell the property at auction. It can be sold normally on the open market.) Finally, the process can be time-consuming and stressful, particularly if the co-owners have a contentious relationship. It is important to weigh these potential drawbacks against the benefits of using partition before deciding to pursue this legal action.

Are there any alternatives to partition for resolving co-ownership disputes?

Yes, there are several alternatives to partition for resolving co-ownership disputes. One option is for the co-owners to negotiate a buyout agreement, where one owner purchases the other owner’s share of the property. Another option is for the co-owners to create a written agreement outlining how the property will be used and maintained, and how any profits or expenses will be divided. Mediation or arbitration can also be used to resolve disputes outside of court. It is important to consider all options and seek legal advice before deciding on the best course of action.

Let us help you with your partition.

Are you facing property ownership challenges that are causing headaches and hindering your goals? It’s time to reclaim control and find a favorable resolution through partition actions. Our skilled legal team at Sudden Wealth Protection Law is here to guide you through this complex process, ensuring your rights are protected and your interests are upheld. Don’t let property disputes hold you back any longer—contact us today at 602-443-4888 to explore the power of partition actions and take a decisive step towards resolving your property concerns. Together, we can help you regain clarity, harmony, and a brighter future for your assets.

 

ABOUT THE AUTHOR

Founding attorney Paul Deloughery has been an attorney since 1998, became a Certified Family Wealth Advisor. He is also the founder of Sudden Wealth Protection Law.

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