Partition Actions

Where land is owned by more than one person, disagreements often arise about the disposition of that real property. When a disagreement cannot be resolved, the courts have authority to partition the land.

 

  The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes. The court will hold a hearing to determine the share of interest in the property sought to be divided of each of the owners or claimants, and all questions affecting the title. In other words, when those who have an undivided interest in a property can't agree on disposal the court can do it for them. In a partition action, real estate is either divided into distinct portions or sold at a public auction and the proceeds distributed among the co-owners (if it is not possible to divide the property). Sometimes there is an opportunity for an investor in such a situation. If you are a cash buyer you may be able to negotiate separately with each party and buy the property. If not you can suggest partition and try to buy at the public auction.
Another opportunity comes when the two parties receive their share of the proceeds from the auction. You might be able to sell or rent them one of your homes.

 

  Law offices of Bukh and Associates have many years of experience in handling partition actions cases. We offer the necessary skills to successfully guide you through your family law issues with the attention, respect and dignity your case deserves.