Question: Who Can Sue For Partition?

How expensive is a partition lawsuit?

In California, the cost of partition action and attorneys fees can vary greatly, depending on the complexity of the litigation involved.

Attorney’s fees can range from $20,000 to $100,000+ per defendant or plaintiff..

Why would a co owner of a property file a partition suit?

A partition action allows a co-owner of a property to force a sale of the property, so they can take their share of the proceeds. However, in some cases, the other co-owners may not want to sell the property.

How long does it take to get a partition action?

about one yearAs a rule a Partition action will take about one year to get to trial from the time of filing the complaint. Most Partition actions settle along the way. Sometimes within a month sometimes on the eve of trial.

How do I file a partition for a suit?

The documents required for filing a suit for property partition are mentioned as below:Identity proof of legal heir.Certified copies of all title deeds of the property, including the description of the property.Valuation of property.Birth and Residence proof of the legal heir.More items…•

What is a partition suit used for?

Partition suits are filed when multiple owners of real estate cannot agree as to the sale or division of the property. Partition suits are frequently used as a method of settling the division of real estate among beneficiaries of an estate who cannot agree.

What happens if one person wants to sell a house and the other doesn t?

If one wants to sell and the other does not, the one who wants to sell can sell his interest anyway. … If there is a mortgage on the property, the lender will take the property if payments are not made but will not take a 1/2 interest in the property if your brother decides he just does not want to pay any more.

How long does a partition suit take?

A partition suit takes three years for completion. The grant of preliminary decree takes around two years, and the court gives another one year to obtain the share in the property.

Can you sell undivided property?

If you sell your undivided share the prospective buyer cannot take possession of any specific part of the land unless the same is partitioned. Nothing stops you from selling your share but the buyer will have to file a suit for partition to get the possession. … Before that you have no legal bar to sell your share.

Can I file a partition lawsuit without a lawyer?

Yes, an individual can act as their own attorney. However, Partition actions are very technical different rules than regular civil actions. You must purchase a litigation guarantee from a title company, and file a copy of the litigation guaranty with the complaint to partition.

Who can file partition suit?

Any or all of the co-owners can file a partition suit. The co-owners can be legal heirs also if it is a family property. Anyone having a share in the property which is intended to be partitioned can file the suit.

Is there any limitation to file partition suit?

To file a civil partition suit, there is a limitation of 3 years from the date when the right to sue accrues, beyond which, the suit would be struck by the law of limitation. Procedure: … Court then determines the claims and rights of each party after examining the case in hand and after hearing all the arguments.

Can Partition be demanded by way of will?

Right to Demand Partition. As a general rule, every coparcener of a Hindu joint family is entitled to demand partition of the coparcenary/ Hindu joint family property.

Can a partition action be stopped?

Typically, a partition action cannot be stopped once a lawsuit is filed because anyone who wants to dissolve ownership that is jointly owned with another person has a legal right to sell his/her interest if desired.

A Partition action is a legal action filed in Court that names all parties who have or claim an interest in the subject property, including owners, lienholders, lenders, and holders of future estates.

How does a partition lawsuit work?

What is a partition action? A partition action is a type of lawsuit pertaining to joint owners of real property. When two or more owners cannot agree on the disposition of the property in question, any of the owners can file a partition action in the appropriate court.

Can I force a sale on a co owned property?

Joint Property Ownership When One Party Wants to Sell The law allows any co-owner to facture the joint ownership via a partition action. Yes! In most cases, ANY co-owner (even a minority owner) can force a sale of the property regardless of whether the other owners want to sell or not.

How does a partition sale work?

“Partition by sale” is accomplished by selling the entire property and dividing the proceeds equitably among the owners. … However, before forcing an unwanted sale, the court can order or permit one of the co-owners to purchase the interest of the remaining co-owner(s) for fair market value.