North Dakota Complaint to Partition property owned by Two Unmarried Individuals
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How to fill out North Dakota Complaint To Partition Property Owned By Two Unmarried Individuals?
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FAQ
How long does it take to process a partition action? It generally takes about a year and half to two years to get to trial on a partition action.
Co-owners have equal rights to possession of the property, and equal rights and responsibilities. If one co-owner excludes the other from the property, the excluded co-owner can recover the property's rental value from the excluding co-owner.
Co-owners have equal rights to possession of the property, and equal rights and responsibilities. If one co-owner excludes the other from the property, the excluded co-owner can recover the property's rental value from the excluding co-owner.
The other owner has no right to evict you from something that you own. There is no cause of action that allows a co-owner to evict you. However, the co-owner can demand that you buy him or her out. If you cannot reach an agreement, then the co-owner can file a partition lawsuit and force the sale of the home.
A court-ordered sale or physical division of property, usually real estate, that's owned by more than one person as tenants in common or joint tenancy. Any co-owner has the right to demand a partition.
A Partition By Sale allows a co-owner of real property to force a sale of the entire property despite the unwillingness of any co-owner.The Court must determine that under the circumstances, sale and division of the proceeds would be more equitable than division of the property.
The legal interest (estate) is always co-owned under a legal joint tenancy. This means all co-owners have a legal right to occupation and use of the land as is the case with a beneficial joint tenancy. They are effectively trustees of the property holding the property on trust for themselves and all other co-owners.
A petition for partition can take 6 months to one year if ordered sold at the courthouse. The parties can always decide to sell through a realtor and the time will depend on when a buyer makes the offer.
If you want to sell the house and your co-owner doesn't, you can sell your share. Your co-owner probably won't like this option, however, unless they know and feel comfortable with their new co-owner.Co-owners usually have the right to sell their share of the property, but this right is suspended for the marital home.