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What Can it do. This process, called division in-kind can only happen for land and acreage. If co-owners of property have considered less costly alternatives to partition actions but still are not in agreement about how to move forward, filing for partition of property is likely their best option. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. If you jointly own property and are interested in discussing having it partitioned and want to discuss your options, we are here to help. advice, does not constitute a lawyer referral service, and no attorney-client or Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. Schedule a. The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. How can that be? We do this to improve browsing experience and to show personalized ads. Partition simply means "division". In this article, we will discuss everything you need to know to sue for partition of property. The law allows any co-owner to facture the joint ownership via a partition action. Partition of Texas Property - LoneStarLandLaw.com will depend on what the party bringing the partition action hopes to achieve. Keystones experienced probate lawyers deal in real estate disputes every day and can help you achieve the best possible outcome for your case. And no one literally wants to cut a house in half. QUIET TITLE TIME FRAME: HOW LONG DOES IT TAKE? Once the partition case is heard by the judge, the court will make a determination about whether to uphold or deny the partition of property request. The hourly fee to bring the case depends on the attorney filing it. You should expect to pay an attorney fees and costs in excess of $10,000 for this proceeding, and possibly more if its contested. So, if you spend several thousand in attorney fees to get an extra 10% of the profits, your extra profit might get eaten up by your extra attorney fees. But what if persuasion fails? Partition Cases/Joint Property Owner Cases - Nashville Real Estate Lawyer There is no filing fee to file a Motion and Order to extend time to Answer a lawsuit in North Carolina. Generally, the same rules apply to jointly owned inheritance property as to any jointly owned property. We are happy to offer free consultations to all new clients, so please don't . A petition to partition is that legal assistance, and generally takes two forms. Even if a partition lawsuit is filed, you should always be looking for a voluntary solution. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients.