Partition Agreement With Sale In Massachusetts
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A petition to partition is a legal action that can be taken by co-owners of property who cannot agree on how to use or manage the property. The petition asks the court to divide the property into separate shares or to sell the entire property and distribute the proceeds among the co-owners.
§12–401. (a) A party in a civil case may appeal from a final judgment entered in the District Court. (ii) Granting a motion to dismiss, or quashing or dismissing a charging document.
The new Partition of Property Act changes existing partition law in Maryland to better protect owners of tenancy-in-common property from forced court-ordered sales of the property.
The owner who no longer wants ownership of the property can ask the court to force a sale in lieu of partition. Rather than continuing to co-own the property, the court can force the owners to put the house up for sale.
In short, to force the sale of jointly owned property, you must first confirm title, then attempt a voluntary sale or buyout, file and serve a partition lawsuit, get an appraisal, sell the property, and finally divide the sale proceeds fairly.
The actual time it takes from when a partition case is filed to when the land is partitioned physically, by sale, or by set-off varies from case to case. In general, partition cases can take several months or even years to resolve.
In Maine, there are two forms of partition actions, statutory partition and equitable partition. The difference between the two is statutory partition provides for actual physical division of the property while equitable partition provides for a forced judicial sale of the property and sharing of the sale proceeds.
The California Law Civil Procedure Code section 872.210 states anyone who wants to dissolve ownership that is jointly owned with another person has a legal right to sell his/her interest if desired. Eligibility for Partitions are: Inheritance that is usually family members who inherit real and personal property.
Generally, courts divide the costs of partition among the parties in proportion to their ownership interests or in a different manner when necessary to ensure equitable distributions. (CCP § 874.040.)