Partition Agreement Of Land In Montgomery
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FAQ
Who Holds the Deed When You Have a Mortgage Lender? The short answer is: You, the homeowner, typically hold the deed to your house, even when you have a mortgage.
Holding title to a piece of property is the legal way of saying you own the right to the property. In contrast, deeds are legal documents (also called instruments) that transfer title from one person to another.
If your property is located in Montgomery County, you can order a copy of your deed by going to the Land Records Department of the Clerk's Office in Montgomery County Circuit Court (50 Maryland Avenue, Room 212, Rockville, Maryland, 20850).
To demand a partition or division of the common property is in with Article 494 of the Civil Code, that is, no co-owner shall be obliged to remain in the co-ownership and that each co-owner may demand at any time partition of the thing owned in common insofar as his or her share is concerned.
A partition agreement divides, or partitions, a married couple's community estate into two separate estates. It is sometimes called a post-nuptial or post-marital agreement and is similar to a prenuptial agreement, except that it is executed by a married couple.
Go to the circuit court in the Maryland county where the property is located. A list of court address and phone numbers is at mdcourts/courtsdirectory. Once inside the courthouse, proceed to the Land Records Department. Tell the clerk that you need a copy of your deed.
PARTITION. A joint owner or claimant of real property or an interest in real property or a joint owner of personal property may compel a partition of the interest or the property among the joint owners or claimants under this chapter and the Texas Rules of Civil Procedure.
In short, yes, you should have an attorney to represent you in a postnuptial agreement for several reasons: To be sure you are treated fairly in the agreement. To have the agreement upheld, as a court is much more likely to say it is a valid contract if both parties were represented by counsel when they entered into it.
A partition agreement does not have to be approved by the court as just and right. In addition to being in writing and signed by both parties, a partition agreement must either specifically reference “partition” or show the parties' intent to convert the property from community property to separate property.