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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.
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How do you get the court to do a partiton of property in florida?
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.
Can you file a civil suit against your sister to enforce sale of house?
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.
How do you fight a petition to partition?
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.
Can a joint tenant force sale of the property?
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.
Are attorneys needed for a petition to partition?
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.
Can a co owner force a sale of the property if the other is living in it?
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.
In Real Estate what is partition?
Partition is a judicial proceeding that can be used when multiple owners of real estate do not agree to selling the property. Often one co-owner wants their share in cash.A petition to Partition is filed in a court of equity. The Petition usually needs to be drafted by an attorney unless someone with legal experience is involved and can draft the Petition for the parties. The court will appoint a commissioner to oversee the process. The commissioner will file a report of findings with the court. If the land can be partitioned off, the court will divide the property. If the property cannot be reasonably divided the commissioner will arrange to sell the property. The grantor on the deed will be the Commissioner and the Partition case file will be referenced on the deed.When the property is sold, legal expenses, court costs, the commissioner's fee and other expenses relating to the sale will be deducted from the proceeds of the sale. The net proceeds will be divided equally amongst the co-owners.
What is the cost to petition for partition?
Depending on the state you live. I am going through one now which involves three other "tenants in common". The estimated cost EACH owner is $7500 to $10,000.
What partition is the active partition of the hard drive?
The system partition(a partition where the operating system is installed) is the active partition of the Hard Drive
Which partition of Windows 2000XP must be the active partition of the hardware?
Must be at least a 2 GB partition. System partition.
Windows 2000 xp is installed using a system partition and a boot partition which of this partition must be the active partition of the hardrive?
The boot partition
Can you petition to force the sale of a property if you own one third interest?
Yes. You can Petition to Partition the property in a court of equity. If allowed, the court would then appoint a commissioner who, if dividing the property is not feasible, will market and sell the property. The net proceeds, after legal expenses, will be equally divided among the tenants in common.
