Partition of Real Estate -What is the Process and is There Any Other Way?
What happens if the people sharing this property can no longer get along and don’t want to share property together anymore? When two owners of land wish to no longer be tied together but do not wish to forfeit their right in the property what should they do? The answer is to file a complaint for partition at the local court where the property is located.
Partition comes into play with shared real estate. Often times people will purchase a home together and put both their names on the title. When a relationship breaks down for whatever reason, it can often become a debate about who will be leaving the property and who will be keeping it. Understandably, when both parties have their name on the title, it can be a difficult question to answer as to who gets ownership of the property. A complaint for partition is where a party comes before the Court and explains that jointly held real estate is in dispute and parties need the Court to rule on who will take ownership.
Upon the filing of the complaint, a date will be set and summons must be sent to both parties. Often a court date is set out weeks in advance so that both parties are able to be served summons with plenty of time before the court date. Now that a filing has been made and a court date is set, the parties are made aware that this matter is serious and the person filing the complaint has made their intentions clear. With this new dynamic established between the owners, our firm finds it best to reach out to the opposing party to see if a negotiation can be reached prior to court. Our firm uses this time to speak with the other owner and find out:
- If they want to buy the property themselves
- What does the other owner feel the proper allotment of the ownership interest should be; and
- What records do they have to show this.
All of this information is valuable to know going into trial and when making negotiation offers. If a reasonable offer can be made, it can result in the matter being resolved before the case ever even goes in front of the judge. If a sale is agreed to, the matter doesn’t need to be dismissed yet and the Court can act in a supervisory role with regular status dates scheduled. If the dealings with the other owner fall through for whatever reason you can inform the judge of this and simply continue with the partition request.
In almost every situation, if the parties cannot agree as to how the property should be split and don’t want to continue to share it, the Court will rule that the property is to be sold and the proceeds are to be split amongst the parties.
When partition is requested, it can be noted in the complaint if the plaintiff believes they are entitled to a greater percentage of ownership based on financial contributions and payments toward the shared property from them individually. Examples of this would be mortgage payments undertaken by a single owner, improvements or repairs made by a single owner, or a greater percentage of the initial purchase payment paid by a single owner. All of this information will go towards the judge’s decision as to how to award the sale proceeds.
If you have a property you share with someone and you feel that this property can no longer be shared evenly between you, consider contacting the Law Office of Andrew Szocka P.C. at 815-455-8430, by going on our website, or by emailing us at info@szocka.com. We have extensive experience in the realm of partition and would love to assist you with your matter!