If you and your siblings inherit family property but can’t agree on the property’s management or sale, partition is the legal process to secure a resolution. Partition can also be a solution when unmarried property owners no longer want to stay together but are unable to manage jointly owned property.
What Does Partition Include?
In partition cases, there are three very broad routes for resolution:
- DIVISION IN-KIND: This is where the court would order the physical division of the land for the co-owners. This has a variety of nuances where an experienced lawyer is required. Does the zoning permit the division and use of the property as planned? What are the economics of the whole versus the divided property? A typical house cannot be divided among co-owners.
- PARTITION BY SALE: The court can order a sale of the property, and the proceeds will be divided subject to accounting of debits and credits. These accounting rules differ from divorce rules. Securing appraisals and navigating the sales process can be complex, and we have experience navigating through these issues..
- PARTITION BY ALLOTMENT: The court can award the property to one party willing to take the whole property and to pay the others their share as approved by the Court. What happens if more than one party wants the property? Here again, you need lawyers who understand partition laws, which have changed recently. This situation is known as allotment.
Do I Need an Attorney to Represent Me in a Partition Case?
Legal expertise is essential even where separations are fairly amicable. Real estate issues still require careful treatment.The Troxell Leigh team can guide you through the partition process under any circumstances. Our team includes experts in family law, real estate law and litigation, commercial litigation and estate law and administration, allowing us to cover every aspect involved with partition and help our clients get the just result.