Get Complaint for Partition of Real Property

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IN THE ___COURT OF ___ (County), ___ (State) ___ (Name of Plaintiff)PLAINTIFFV. ___ (Name of Defendant)CAUSE NO. DEFENDANTComplaint for Partition of Real Property 1. Plaintiff, ___ (name of plaintiff),
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FAQ

A Partition proceeding is a lawsuit filed by a joint tenant or tenant in common owner of property to force the division or sale of real property. Partition actions start with a petition and are Special Proceedings brought before the Clerk of Court.

The procedure for a partition lawsuit is specified by statute. The lawsuit must be filed in the county in which the property is located. ... However, the Court may deem it to be more equitable to order a sale of the property and a distribution of the proceeds to the parties, according to their respective interests.

A Partition proceeding is a lawsuit filed by a joint tenant or tenant in common owner of property to force the division or sale of real property. ... Partition action in kind is possible only when the property can be physically divided in a manner that each joint owner receives their share.

As a rule a Partition action will take about one year to get to trial from the time of filing the complaint. Most Partition actions settle along the way. Sometimes within a month sometimes on the eve of trial.

A partition is the division of property that is jointly held by property owners. ... A complaint is considered sufficient in an equitable or statutory partition action if a proper cause of action is provided[ii].

The costs of partition are based upon an hourly rate. The attorney fees to obtain a default judgment would cost about $2,500 plus costs.

Petition to partition: when property owners disagree In such a situation, there is a proceeding called a Petition to Partition. This allows at least one of the individual owners to petition the court to divide the property and force a sale.

A petition for partition can take 6 months to one year if ordered sold at the courthouse. The parties can always decide to sell through a realtor and the time will depend on when a buyer makes the offer.

A partition action is a legal proceeding to force the sale of real estate that is held by multiple owners, and to fairly divide the sale proceeds among the owners. ... A partition is initiated by filing a Petition for Partition in either the Land Court or a county Probate and Family Court.

A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the owners of property. It is sometimes described as a forced sale.