Partition actions refer to a certain property which was purchased by more than one person. A dispute arises when the interests of these owners diverge and both of them have a different approach about what to do with the property in question. For instance, one owner wants to sell the property while the other wants to use it for some purpose. In such legal disputes, a real estate lawyer becomes the go-to guide and assistance.
When the partition action takes place?
As mentioned above, the divergent interests of the owners develop when one individual wants to do something with the property like add or build a house n the property whereas the other owner wants to start a business or build a factory on that land. As both of these actions cannot be taken on the same property, there arises a need of third-party assistance.
The need for third-party mediation is felt when the owners cannot resolve the conflict on their own and cannot come to any reasonable conclusion. This is when the ‘partition action’ takes place. It requires a legal action in which the property is divided between the owners equally and both may move on with their plans.
Types of Partitions:
Usually, in order to seek and maintain peace between both the owners, the courts decide how to carry out the partition action. According to this regulation, there are two basic types of partitions which involve land ownership:
- Actual Partition:
Actual partition refers to the division of the jointly owned interests. After this, each person is given a portion of the property which is smaller than the total of the originally owned portion by both of them. The parties may not be happy with the division, but it can bring them to some resolution.
- Licitation Partition:
It is also called partition by sale. In this partition action, the property is sold completely. This action takes place when the actual partition becomes impossible or difficult to carry out because of the dispute between the parties. This type of partition is practiced more often in case a building or property is small and cannot be split into two portions equally. In this scenario, selling the property is a better resolution for all stakeholders. The owners collect their share and then can purchase property or do whatever seems right to them.
Most often the cases of partition action are intentional and voluntary. The owners have the consent and agreement to the partition of the property. In case everyone is not agreed, one of the co-owners can file a lawsuit to compel the partition. Although this may be complicated in case there is no agreement among the owners of the same property, the better option is to compromise or negotiate than any forcible decision by the court.
In case the order is issued by the court, the rights and interests of every party are taken into account.
Need of a Lawyer for Mediation:
In case the dispute arises among the owners about how to move further, what to do with the property, how to divide or sell the property, the partition action can be the right option in such legal matters. Despite this option, there is always a room meditation among the parties; if the parties come to a resolution and work happily together through a compromise. In case of no mediation, the ultimate solution can be to seek litigation or partition actions.
Arnold, Ltd. provides compassionate and trustworthy representation for Estate Planning, Business Litigation, Probate Law & Criminal Defense.