Oklahoma Complaint for Partition of Real Property

State:
Multi-State
Control #:
US-02663BG
Format:
Word; 
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Description

A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.


A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.

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FAQ

A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of ?Partition?.

A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of ?Partition?.

Put simply, a co-owner who brings a lawsuit for partition in California is seeking to fairly and equitably divide a piece of real property among all its co-owners with the help of the court.

There are only two things that can officially stop a partition action: fraud and duress. Evidence of fraudulent activity on behalf of any of the co-owners or threats made to influence the outcome of the case may be grounds for stopping a partition action lawsuit.

Description: Before filing a partition action, use this letter to convince your co-owners that a voluntary sale or buyout would be ideal. Based on state law, you can compel a forced sale of jointly owned property via partition action.

A Partition action is a legal action filed in Court that names all parties who have or claim an interest in the subject property, including owners, lienholders, lenders, and holders of future estates.

A partition suit is an effective remedy for resolving real estate ownership disputes, particularly ones in which co-owners cannot agree on whether to sell or keep a piece of property.

If the partition complaint is verified, each paragraph in the complaint must be addressed in the answer. Defendants can admit the allegations, deny the allegations, claim they have insufficient knowledge to admit or deny the allegations, or object to allegations by giving a reason for the objection.

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Oklahoma Complaint for Partition of Real Property