Partition Actions in Real Estate Law

Sometimes joint owners of property cannot agree on what to do with their piece of property. Fortunately, almost every state has a legal procedure to divide real property when the joint owners decide to go their separate ways. One owner can file what is called an action for “partition”. In a divorce action, a parent can sue for custody of a child. Similarly, in a partition action, a joint owner can sue for “custody”, or full ownership, of their real property. Real property includes property like a home, farm, or undeveloped land. Depending on the laws of the specific state, partition may also be a remedy for certain personal property.

The Right to Partition

Gather all your records relating to the property in dispute, including maintenance records, tax records, title, deed restrictions, and probate paperwork. Sharing these records in advance with an attorney will enable you to know your options. The right to partition is generally an “absolute right” favored by the court system.