A partition lawsuit is a type of legal action involving the owners of a property. If a property has two or more joint owners and they cannot agree to sell or dispose of the property, any of the owners can file such a lawsuit in relevant courts.

What issues can lead to a partition lawsuit?

The two most common scenarios in which a partition action is taken are;

• If the sole owner of a property dies and, in their will, they pass down ownership to multiple parties; there may be a conflict of interest. All parties may have different intentions about what to do with the property. One might want to liquidate it for cash, and the other may want to keep it within the family. If both parties cannot agree on what to do, either may take a partition action against the other.
• If an unmarried couple buys a property together in joint ownership, but they break up and cannot agree on how it should be used, this results in a partition action.

As with every legal action, a partition takes time and follows a strict procedure.

Here are some other questions you should ask yourself if you intend to take up a partition case or if someone has one against you.

Do I have a right to bring a partition case?

If the property ownership is based on a will and the executor is yet to transfer the title to the property, the benefactor cannot file a partition case. This holds if your parents have left you and your siblings a house through their will. You cannot file a partition case without the executor transferring the title of the property. However, you can sue the estate’s executor if the process is taking too long.

What happens when one party uses the property as a residence?

While situations like this demand empathy, the law favors the state of legal ownership. The fact that either party lives on the property cannot dissuade a potential sale. This also applies to commercial properties.

What will winning a partition case hold for me?

Winning a partition case has different outcomes, and it depends on your goals for starting the case. It may be any of the following;

• Reaching an agreement

If you have inherited a home and do not want to reside in it but keep it in the family, winning the case may be getting the co-owners to agree to rent rather than sell.

• Getting a buyout

If you do not mind letting go of the property for a sum, a favorable solution will be your deciding what amount would be a fair bargain for you

• Getting the co-owners to co-operate

When an amenable agreement would be selling or renting out the property, but a co-owner resides in it, the judgment from the case may be towards getting the owner to move out through court declaration.

• A court-ordered sale

The court may order a sale for the proceeds to be split between the co-owners. The ownership interests will determine how much each co-owner gets

Are you experiencing a property dispute? Your best bet is to get a seasoned attorney to discuss your intentions and reach a solution. At Hecht Schondorf, we have all the resources you need to enable you to navigate the situation. Let us help you enforce your ownership rights; contact us today.