Partition Agreement With Sale In Middlesex
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Partition is a legal action recognized in New Jersey that allows for dividing real estate owned by two or more people. Real property held by co-owners as tenants in common or joint tenants (but not by spouses as tenants by the entirety or by N.J. registered domestic partners) may be partitioned.
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.
However, joint tenants cannot sell a property without co-owner consent or a court order to sell the property. Likewise, spouses cannot sell property held as tenants in its entirety without consent or a court order. Tenants in common may sell their interests in real property without the co-owners' consent.
The length of a partition action can vary depending on the complexity of the case and whether the co-owners are able to reach an agreement. In general as with any litigation, the process can take several months to a year or more.
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.
§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.
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 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.
Partition actions may be needed whenever co-owners (known as tenants in common) cannot agree on how an inherited property should be used. The majority of these actions involve selling the property and dividing the proceeds among the owners.