Dividing Real Estate: How Unmarried Couples Can Use a Partition Action to Divide Property They Own Together
Breaking up with a partner can be a difficult and emotional process, and it can be even more complicated when you own property together. Unmarried couples who co-own property may find that they are unable to come to an agreement on how to divide it, or may find themselves in a situation where one party wants to sell the property and the other does not.
In these situations, a partition action can be a useful tool for dividing the property. A partition action is a legal process that allows co-owners of a property to divide or sell the property if they are unable to come to an agreement on its use or disposition.
Here are some steps an unmarried couple can take to use a partition action to divide real estate they own together:
- Hire a lawyer: It is important to hire a lawyer who specializes in partition actions. A lawyer with experience in this area will be able to guide you through the legal process and help you achieve the best possible outcome.
- Understand the process: A partition action starts with filing a complaint with the court, which sets in motion a process of discovery, mediation and negotiation. The parties will have to disclose their interest in the property and can have an appraisal done to find out the property’s value.
- Negotiate: The parties can negotiate a settlement of the dispute prior to trial. A mediation process can be used to facilitate the negotiation process.
- Trial: If the parties are unable to reach a settlement, the case will go to trial and a judge will make a decision on how to divide the property.
- Execute the decision: Once the judge has made a decision, the parties must execute the decision by physically dividing the property or by selling it.
It is important to keep in mind that partition actions can be costly and time-consuming, and it is crucial that the parties seek legal advice from an attorney experienced in partition actions to understand the process and the possible outcomes.
Breaking up with a partner and dividing a property can be a difficult process, but by understanding the legal options available, such as a partition action, the parties can reach a fair and equitable outcome. It is important to hire a lawyer who has experience in partition actions to guide you through the process and protect your interests.