Whether pursuing a partition action is voluntary by the owners or it is issued by the court, you’ll want to have a real estate attorney in your corner who is combing through the contract to make sure the property settlement is fair for you. The court will request a great deal of documentation from you in order to decide the best and fairest way to proceed with the partition action. This documentation could include expenses of maintaining the property, who made payments on the property, and whether or not you feel that the other owners owe you anything for the maintenance and repairs on the property. A real estate lawyer can help you gather the pertinent information and ensure your best interests are being served.
Partition actions are typically granted by the court without trouble; however, we recommend first pursuing mediation before taking the steps toward a partition action. Mediation which results in a voluntary partition can often help you avoid the forced sale of the property. Even if the two parties have been unable to reach an agreement on their own, often a mediator can help you sort through the issues at hand and reach an agreement that works for all of the parties involved. While we recommend mediation, we also recommend that you don’t go into it without first retaining legal counsel. Your lawyer can help prepare you for the mediation experience and help you get the best outcome possible.