Petition partition 2025

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It must be filed with the Clerk of Court in the Superior Court division of the county (or one of the counties) where the real estate is located. The Clerk will act as the judge in the case and will appoint at least three neutral parties called commissioners to oversee the propertys division.
Here are some of the most common ways to win a partition suit: Getting bought out at a fair price. The property being sold on the open market. Getting a co-owner to move out of the property so it can be rented. Getting reimbursed for the funds you put into the property.
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.
In California, the cost of partition actions varies based on several factors. These include legal fees, court expenses, property valuation costs, and any associated expenses. On average, costs typically range from $8,000 to $25,000, depending on the complexity of the case and the cooperation of co-owners.
Put simply, a co-owner who brings a lawsuit for partition in California is seeking to fairly and equitably divide a piece of real property among all its co-owners with the help of the court.

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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.
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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