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The cost of attorney fees in a simple, uncontested partition lawsuit could exceed $5,000 due to the amount of paperwork and filings. If the partition action is contested or overly complex, costs can exceed $20,000 to $30,000.
The process of partition action starts with one or more owners filing a petition in court. The court then examines the real estate details and the owners interests to decide on the best division method.
A Memorandum of Family Settlement is a preferred mode adopted by the families to record the terms of the division/ partition of family property(ies) in comparison to a partition deed as it is not a compulsorily registrable instrument and the stamp duty implications on MOFS are considerably lesser than in case of a
There are at least several ways to win a partition action suit, not the least of which include: Selling your equity at a fair price. Selling the house on the open market. Receiving compensation for money put into the home. Renting the property. Keeping the property for yourself and buying out the other co-owners.
There are two potential pathways in seeking a partition: Partitions may be in kind (meaning that property is divided into separate parcels and each parcel is allotted to a separate owner) or by sale (meaning that property is sold and sale proceeds are divided among the owners).
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