No not necessarily, but they can ease the process and ensure that the entire matter is done in a legal and airtight manner.
It is generally recommended to consult with an attorney when filing a petition to partition, especially if there is potential for disputes or complex legal issues related to the property. Attorneys can provide guidance on the legal process, protect your rights, and advocate for your interests throughout the partition process. However, the need for an attorney ultimately depends on the specifics of your situation and your comfort level with navigating legal proceedings on your own.
You file a petition to partition in a court of equity. It is not a simple process. You need to consult with an attorney.You file a petition to partition in a court of equity. It is not a simple process. You need to consult with an attorney.You file a petition to partition in a court of equity. It is not a simple process. You need to consult with an attorney.You file a petition to partition in a court of equity. It is not a simple process. You need to consult with an attorney.
Yes. If you and your sister own or have inherited a common property you can file a petition to partition in a court of equity if you can't agree. You can read more about partition at the related question.Yes. If you and your sister own or have inherited a common property you can file a petition to partition in a court of equity if you can't agree. You can read more about partition at the related question.Yes. If you and your sister own or have inherited a common property you can file a petition to partition in a court of equity if you can't agree. You can read more about partition at the related question.Yes. If you and your sister own or have inherited a common property you can file a petition to partition in a court of equity if you can't agree. You can read more about partition at the related question.
It is difficult to fight against a partition. The court seeks an equitable remedy when co-owners cannot agree. It does not force people to maintain real estate they do not want to own. The most viable equitable remedy is to sell the property and divide the proceeds equally amongst the co-owners. If you really don't want the property sold your best option is to buy the other owner's interest in the property.A partition proceeding is costly. Legal costs, court costs, the commissioner's fee and the costs of marketing and selling the property (real estate agent's commission) are all deducted from the proceeds of the sale before the net proceeds are divided amongst the parties. With that in mind your only option is to negotiate with the co-owner(s) by estimating all the costs that would be associated with the partition and then making a reasonable offer to buy them out.If you don't have the resources to negotiate a buyout then you are out of luck.
Sometimes doctors do the incorrect thing in an operation. This can lead to someone's death. In this case the family can sue the hospital and these attorneys will be needed.
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The number of signatures needed to pass a petition will depend on what type of petition it is and how it was set up at the beginning. There is no specific number as to how many signatures are needed for a petition to pass.
Yes, land owned by tenants in common can be sold by a court decree through a partition proceeding in a court of equity. However, the costs will be deducted from the proceeds of the sale before they are equally divided between the co-owners. A partition proceeding can be costly. The issue should be discussed with the other tenant in common first. It may be cheaper for them to buy out the interest of the co-owner who wants to sell.
Yes, by a partition. See related question.Yes, by a partition. See related question.Yes, by a partition. See related question.Yes, by a partition. See related question.
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When land is under co-ownership of two or more people who cannot agree on what to do with the land, any owner can file a Petition to Partition in the appropriate court. The court will appoint a commissioner who is paid a fee and who will oversee the partition. The commissioner may divide the land if that is feasible such as when there are multiple tracts or a single large tract. If dividing the land is not feasible then the commissioner can arrange to list the property and sell it. The net proceeds are divided according to each owner's interest after the costs and expenses associated with the Partition have been deducted. You should consult with an attorney who specializes in real estate law. Property owned as tenants-by-the-entirety cannot be partitioned.
Court Fees: $299 Pre Filing Education: $65 Attorneys or Bankruptcy Petition Preparers: anywhere from $100-3000
Timothy J. Thomason has written: 'How to win and how to defeat an attorneys' [sic] fee petition' -- subject(s): Lawyers, Fees