Your Guide to Real Estate Partition Law
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What Is Real Estate Partition Law?
If you have questions about real estate partition issues, attorneys from Perigon Legal Services can provide guidance and advice. Contact us today!
Author: Stan Faulkner, Founder, Perigon Legal Services, LLC
Mr. Faulkner is an experienced counselor and litigator with 15 years of experience, having held bar licenses in four states (Mo, Il, Ct and Ga). Stan Faulkner uses this experience and focuses his skills in the pursuit of assisting individuals in probate (trust and estate) matters, guardianships and conservatorships, estate planning, business disputes and contract disputes. Published on January 23, 2023.
Although you may not have heard of it by name, partition law is not a niche subject reserved for legal professionals only. Anyone who owns or inherits a part of a property can find themselves needing to know about partition law.
This area of law deals with dividing property between two or more owners. It can be a headache for anyone dealing with inheritance, divorce, and many other situations where one person may own a significantly greater proportion of an asset than another individual.
Originally based on English common law, partition law has now been adopted by many states. It governs the distribution of real estate among co-owners. It is particularly beneficial when the co-owners cannot decide how or whether to divide the property in question.
A reputable real estate litigation attorney from Perigon Legal Services can provide additional information and resources.
What Is Partition in Real Estate Law?
When inherited property is jointly owned, it can be an ongoing nightmare, especially if the parties involved disagree on its use or otherwise dislike each other. The property owners and other interested parties may find that attorney’s fees and other expenses make it impossible to retain the property. Partition is the legal process of dividing either the real property or the fair market value after the forced sale of the property.
The partition of property can be initiated by people including:
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Co-owners
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Joint tenants
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Tenants in common
If the property is unconducive to physical division, the property owners may need to file a partition by sale. In this case, the property might be sold at a public auction. The money from the proceeds is then divided among the interested parties.
What Does Partition Mean in Legal Terms?
In legal terms, partition means the division of property among people who are entitled to it. Equitable partition and statutory partition are the two most common types of partitions available in Georgia. The partition may be effected in kind (actual division of the parcel of land) or by sale (sale of the property and division of the proceeds in proportion to the share of each owner).
If you need assistance with real estate disputes over personal property and want to ensure your best interests are protected, you may benefit from the assistance of an experienced attorney.
What Is the Procedure for Partition of Property?
The first step in partitioning property is identifying what you want to divide and each individual’s share based on the relevant information. A Court commonly handles partition actions.
A partition may be made on an equal basis or some other basis as agreed by the interested parties. It may also be ordered by a Court where there has been no agreement, or even where there has been an agreement, and one party fails to comply with it, so long as this failure was not due to duress or fraud.
What Is a Partition Lawsuit?
Partition suits are used to obtain ownership of land that is currently owned by someone else. These are often filed as a result of conflicting concurrent interests among certain parties who feel they have a legal right to the property mentioned above.
The partition lawsuit is filed by one owner against the other co-owner over a disagreement about ownership rights, mortgage payments, or an attempted private sale. Consult with a reliable real estate attorney from Perigon Legal Services to protect your ownership interest in the property.
Who Pays for Real Estate Partition Action?
A partition action is a legal proceeding for dividing real estate ownership between co-owners. When the property owners mutually consent to the partition, they take on the responsibility of executing the deed. Then, the partition deed is registered with the sub-registrar in the county where the property is located.
Although partition actions can be filed by joint tenants, tenants in common, or by a sole owner, the person who pays for the partition action is usually the one who initiates the action. Court costs and attorney fees are often paid from the proceeds of the property that was partitioned.
Regardless of whether you wish to have the property sold or physically divided, you may benefit from the assistance of a reputable attorney with experience in such matters.
How to Stop a Real Estate Partition
There are many instances when an owner receives notice that their jointly owned property will be auctioned on the open market. Once a partition suit has been filed, stopping it is generally quite challenging. You may still try one of the below-mentioned options:
- The partition can be stopped if the court is convinced that it will not be in the interest of any of the parties.
- The partition can be stopped if one of the parties agrees to pay for all the expenses for a new deed and to buy out all other owners.
Experienced estate & business lawyers in Marietta, GA, offer advice and advocacy in your real estate partition actions. Contact Perigon Legal Services for more information.
How to Win a Real Estate Partition Action?
Winning a real estate partition action depends on whether the owners wish to sell the property or want to stop its sale.
If you’d like to sell your property, one way to do this is by pressuring a voluntary sale with the local council or by obtaining a court order for sale. However, if you want to halt a sale, you should either convince the other owner to cease the partition action or offer a buyout.
How Can an Attorney Help With a Real Estate Partition Action?
A real estate attorney in Atlanta can help with a partition action in the following ways:
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Drafting a petition for partition and filing it in court.
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Representing the petitioner at hearings.
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Negotiating with other parties to reach an agreement on the division of property.
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Drafting deeds and other documents needed to carry out a successful partition action.
Real estate matters are complex and often emotional. When you have real estate questions, contact Perigon Legal Services.
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