North Dakota Complaint for Partition of Property Between Cohabitants
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How to fill out North Dakota Complaint For Partition Of Property Between Cohabitants?
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FAQ
Selling a co-owned property or land can be stressful, especially when the other legal owner (s) disapprove the sale.Upon the granting of the order for sale by the court, the legal owner can force for the sale of the jointly owned property.
Can A Partition Be Stopped? Typically, a partition action cannot be stopped once a lawsuit is filed because anyone who wants to dissolve ownership that is jointly owned with another person has a legal right to sell his/her interest if desired.
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.
To legally partition property means to bring a proceeding in court to force the physical division or sale of the property and division of the proceeds among the co owners.The right to partition can be waived if the correct agreement is executed.
You can hire a trust litigation attorney to litigate a partition action. Your attorney may fight to increase the value of your share of the property if, for example, you paid for maintenance, repairs, improvements, property taxes, mortgage payments, etc.
A partition action allows a co-owner of a property to force a sale of the property, so they can take their share of the proceeds. However, in some cases, the other co-owners may not want to sell the property. While it's very difficult, legally, to stop a partition action there are alternatives.
As a rule a Partition action will take about one year to get to trial from the time of filing the complaint. Most Partition actions settle along the way. Sometimes within a month sometimes on the eve of trial.