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A petition for partition occurs when two or more property owners cannot agree on what to do with it. For instance, one owner may want to sell, and the other wants to rent. If the parties cannot reach an agreement, filing a petition for partition becomes an option to compel the sale of the property.
What does it mean to partition a piece of property?
A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of Partition.
What is a compelling reason for partition action?
Reasons for Filing a Partition Action Common reasons include: Co-owners cant agree on how to manage the property: If the co-owners cant come to an agreement on decisions like maintenance, rental income distribution, or other financial matters, it may lead to a partition action.
How do you beat a partition action?
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.
How much does a petition to partition cost in Massachusetts?
Equity fees Type of pleadingFiling feeSurcharge (if applicable) Complaint to Correct Birth Record $240 $15 Partition, Petition $240 $15 Restrain a Personal Representative, Complaint $240 Specific Performance, Petition $240 $153 more rows
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Attorney fees for even the most simple of partition actions could exceed $5,000. Even if the partition lawsuit is uncontested, there are many steps and lots of paperwork, which requires a significant amount of attorney time. And if the matter is contested or complicated, costs can exceed $15,000 or even $20,000.
How does a petition to partition work in Massachusetts?
In Massachusetts, the law on partition is set forth in Chapter 241 of the Massachusetts General Laws. This law allows property owners to end their co-ownership of property by bringing a case in either the Land Court or the Probate and Family Court.
Related links
The Perils of Partition The Forced Sale of Land (Part 1)
May 31, 2022 A partition is initiated by a co-tenant filing a petition for partition with the common pleas court. A partition must be filed in the county
To start a case, find a form for a Petition. The TexasLawHelp.org website has free forms for many kinds of very simple cases. The eFile Texas Self Help
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