Property ownership can sometimes lead to disputes, especially when two or more people own the same property. This often happens with inherited homes, shared investments, or real estate purchased together.
When co-owners can’t agree on what to do with the property, a partition action may be the solution. A partition action is a legal process used to divide or sell a property that’s owned by more than one person.
This article will help you understand how partition actions work, when to consider one, and what steps are involved.
When Should You Consider a Partition Action?
A partition action is often used when co-owners have different ideas about how to use or handle the property. Some common reasons include:
- One owner wants to sell, but the other does not
- A co-owner is not helping with property expenses
- A dispute between heirs after inheriting a family home
When discussions fail and you can’t agree, filing a partition action may be the only option left.
Types of Partition Actions
When a property has multiple owners who can’t agree on how to use or manage it, the court may step in through a partition action. There are three main types of partition actions available under the law:
Partition in Kind (Physical Division)
A partition in kind involves physically dividing the property into separate portions, allowing each owner to take sole ownership of a part of the land. This method is typically used when:
- The property is large enough to be split fairly
- Each part of the land has equal value
- There are no significant buildings or structures
However, partition in kind is not always practical. If the land contains a single home or building that can’t be fairly divided, the court may consider other options.
Partition by Sale
A partition by sale happens when the court orders the property to be sold, and the profits are divided among the owners according to their ownership shares. This is the most common type of partition action, especially when:
- The property can’t be physically divided fairly
- Dividing the property would lower its value
- Co-owners disagree strongly
This type of partition is more common in urban areas or with single-family homes, condos, and commercial buildings.
Partition by Appraisal
Some states allow a third type known as partition by appraisal. In this scenario, one co-owner agrees to buy out the other owner’s share at a court-approved appraised value. It can avoid the need to list the property for sale or go through a full court process.
This type of partition can save time and reduce conflict, but both parties must agree to the appraisal method and the buyout.
Who Pays for a Partition Action?
One of the most common questions is who pays for a partition action. The costs involved can include legal fees, court costs, and appraisal or referee fees.
In many cases, the person who files the action may cover the upfront costs. However, the court often orders that the expenses be shared among all the owners, based on their ownership share. If one party caused delays or acted unfairly, the judge may require them to pay more.
Know Your Options and Act Early
Partition actions are powerful legal tools that help resolve property disputes when co-owners can’t agree. While the process can be complex, knowing your rights and responsibilities can help you make informed choices.
If you’re facing a property dispute, talk to a real estate attorney early. Understanding your options can save time, money, and stress in the long run.
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