Partition Agreement Of Property In Illinois
Description
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FAQ
A partition action is a lawsuit in which a court determines whether a property with two or more owners is to be partitioned or sold. When two or more owners cannot agree on the disposition of the property in question, any of the owners can file a partition action in the appropriate court.
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.
You must file either (1) Form PTAX-203 and any required documents with the deed or trust document or (2) an exemption notation on the original deed or trust document at the County Recorder's office within the county where the property is located.
To initiate a partition action in Pennsylvania, a co-owner must file a partition complaint at the Court of Common Pleas. The Complaint will set forth the property description, the names and addresses of the co-owners, and their interest in the property.
Attorney fees for even the most simple of partition actions could exceed $5,000. Even if the partition lawsuit is uncontested, there are many steps and lots of paperwork, which requires a significant amount of attorney time. And if the matter is contested or complicated, costs can exceed $15,000 or even $20,000.
Unlike in some states, Illinois law does not require that sellers involve a lawyer in the house-selling transaction. Even if it's not required, you might decide to engage a lawyer at some point—for example, to review the final contract or to assist with closing details.
States that require attorney involvement or where attorney involvement is customary: Connecticut, Delaware, Georgia, Massachusetts, South Carolina, Vermont and West Virginia. In Illinois, North New Jersey, New York, North Carolina and Ohio, attorney involvement in a real estate closing may be customary.
The purpose of this Power of Attorney is to give your designated "agent" broad powers to handle your financial affairs, which may include the power to pledge, sell, or dispose of any of your real or personal property, even without your consent or any advance notice to you.
