Real estate partitioning, also known as real estate division or property division, is a legal process that divides property among co-owners when they cannot agree on the use of it. This guide is designed to provide a comprehensive understanding of the types, process and legal framework that governs it. The guide also explains to co-owners what they can expect during a partition action.
1. What is real property partition?
Real estate division is the process of dividing a property owned by multiple people into different portions, or valuing them separately. It is often necessary to divide property when co-owners cannot agree on the way the property will managed or sold. If the co-owners are in agreement, the division can be done voluntarily. However, if there is a dispute between the owners then the division may be forced by the court.
2. There are many different types of partitions.
There are two main types of partition: in-kind (in-kind division) and by sales.
- Partition in Kind: This type divides the property into sections, with each co-owner receiving a specific section. Partition in kind is often preferred when the property can be divided fairly without impacting its value. For example, a large plot of land could be divided up into smaller parcels.
- Partition through Sale: A court may order the sale of a property if physical division is impossible or would result in a loss of value. The proceeds are then divided between co-owners according to their interests. This type of division is used for properties that are difficult to divide, such as commercial property or single-family homes.
3. Partition: Legal Framework
Some fundamental principles apply to all jurisdictions, regardless of the differences in the legal framework.
- Right to Partition: In general, every co-owner has the right to request a division. It is a co-ownership right. This gives one co-owner an option to end a joint ownership agreement.
- Equity Considerations Courts want to achieve a fair result for all parties. They consider factors such as the contribution of each coowner to the purchase of the property and its maintenance, and any agreements made between coowners.
- The first step in partitioning is to file a complaint at the court. The complaint outlines the co-ownership, and requests that the court divide the property. The court assesses the property to determine which method is most equitable. The court then renders a judgment.
4. The Steps of a partitioning action
Understanding the steps of a separation can help co-owners navigate the process more efficiently.
- The first step in filing a complaint is to go to court. The complaint must include details of the property, ownership rights and the desired result (divide by sale or in type).
- All co-owners should be informed about the action. All co-owners will be able to participate in the proceedings and present their arguments if they receive the proper notice.
- Property Appraisal. A property appraiser can be appointed by the court to determine the value. This appraisal is used in determining the fair division or sale price of a property.
- Hearing and judgement: All parties have the chance to make their case in a courtroom hearing. The judge will determine the best way to partition the property based on evidence and arguments presented. The judge can order a physical division or sale of the property.
- Distribution of Proceeds: If the property has been sold and resold, the proceeds are distributed among co-owners according to their interests. Legal fees, appraisement costs and other costs associated with the partition action will usually be deducted from proceeds.
5. Partitioning: Challenges, Reactions
Partitioning is a complicated and contentious task that often involves multiple challenges.
- Co-Owner Conflict: A disagreement between co-owners is usually the main reason for separation. These disputes can escalate, and the partition process may be prolonged.
- Value Disputes: Co-owners may disagree on the value of their property, especially if they have made unequal contributions or improvements. Appraisal disagreements can lead to further conflict.
- Legal fees, court costs and appraisal charges can all add up to a lot of money. These costs may impact the net proceeds from the partition.
6. Alternatives to Partition
Before pursuing a division, co-owners should consider alternative dispute resolution methods.
- Mediation: A neutral mediator can help co-owners negotiate and reach a mutually acceptable agreement without needing court intervention.
- Buyout: The co-owner can buy out the interest of their partner, which allows them to retain sole ownership. This option requires agreement on the terms and price.
- Selling the Property. The co-owners can agree to split the proceeds of selling their property without going through a formal divorce. This can save money and time.
Real estate partition is a legal remedy that can be used to settle disputes between co-owners. Whether it’s a court ordered or voluntary partition, this process ensures all co-owners will be treated fairly as they leave joint ownership. Knowing the types of partitions, and the legal framework will help co-owners navigate the process better. Alternative dispute resolution can be a cost-effective, amicable and cost-effective solution. Clear communication and careful planning are essential to partitioning success.
This article was written by a Bonardi & Uzdavinis professional. Bonardi & Uzdavinis LLP, a boutique full-service law firm, provides its clients with a variety of legal representation. Our primary areas include real estate attorney parrish fl , commercial litigation, construction, personal injury and probate. Contact us for a free case evaluation if you need a personal injury or real estate attorney in Tampa Bay.
