Can a jointly owned property be partitioned without consent?

With the Partition Proceeding, each owner of property is entitled to a partition of that property as a matter of right. An owner may terminate joint ownership in property without consent of the other property owner by filing a petition to partition real property.

How to force the sale of jointly owned property?

How to Force the Sale of Jointly Owned Property (step-by-step) 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.

Can a third party buy out a jointly owned property?

Once a fair market value of the property is derived one owner can agree to buy out the other, all owners can agree to sell the property to a third-party, or if the property is large enough the owners can actually split up the property creating multiple, distinct tracts.

Can a partition action stop the sale of a jointly owned property?

When two or more people own the same property, one of the owners CAN force a sale of the jointly owned property via a partition action or lawsuit. If you are dealing with joint ownership property, this guide explains the cost of a partition action, how to win a partition action, whether a partition action can be stopped, and more.

When to sue for partition of jointly owned property?

Partition of jointly owned property can help when the joint owners decide to go their separate ways. In a partition action, a joint owner can sue for “custody”, or full ownership, of their real property.

What happens when two people jointly own a property?

If two or more people who own a property as tenants in common or if people who are not married to each other own a property as joint tenants with right of survivorship develop a dispute concerning the property, any owner may bring a partition action with the court to get the property divided between owners.

Can a joint owner Sue for full ownership of a property?

Similarly, in a partition action, a joint owner can sue for “custody”, or full ownership, of their real property. Real property includes property like a home, farm, or undeveloped land. Depending on the laws of the specific state, partition may also be a remedy for certain personal property.

When does a jointly owned property have to go through probate?

Some jointly held property must go through probate, but others don’t. Jointly held property is property owned by two or more people, and there are several types. Whether the property needs to go through probate after the death of one owner depends on the type of joint ownership.

How does the right of partition work in real estate?

The right of partition allows co-owners who are seeking to terminate their interests in a piece real property to do so by utilizing the appropriate court to force the sale of the property.

What can I do in the partition proceeding?

Enter: The Partition Proceeding. With the Partition Proceeding, each owner of property is entitled to a partition of that property as a matter of right. An owner may terminate joint ownership in property without consent of the other property owner by filing a petition to partition real property.

When does a family member have to partition a property?

Family members might buy a house together, only to find their relationship gradually turning sour. If nobody will budge from their position, a change can only be forced through partition. The partition of a property can be voluntary, or it can occur when one of the owners sues the other (s) and obtains a court-ordered partition.

The right of partition allows co-owners who are seeking to terminate their interests in a piece real property to do so by utilizing the appropriate court to force the sale of the property.

How can I file a petition to partition my property?

Petitioning to partition is a legal right and the process starts with filing a petition with the Clerk of Court. Petition rules vary from state to state. The idea though can be generalized according to the type of existing deed to the property. The owners of Tenants in Common (TIC) and Join Tenants with Rights of Survivorship (JTWROS) can file.