Partition Settlement Agreement With Consent Judgment In Virginia
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FAQ
If you and your siblings inherit family property but can't agree on the property's management or sale, partition is the legal process to secure a resolution. Partition can also be a solution when unmarried property owners no longer want to stay together but are unable to manage jointly owned property.
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.
Notwithstanding any other provision of law, a writ of eviction not executed within 30 days from the date of issuance shall be vacated as a matter of law without further order of the court that entered the order of possession, and no further action shall be taken by the clerk.
Final judgment. When final judgment is rendered on the trial of such detinue proceeding, the court shall dispose of the property or proceeds ing to the rights of those entitled.
A party asserting either a claim, counterclaim, cross-claim, or third-party claim or a defense may plead alternative facts and theories of recovery against alternative parties, provided that such claims, defenses, or demands for relief so joined arise out of the same transaction or occurrence.
Accounting in equity. An accounting in equity may be had against any fiduciary or by one joint tenant, tenant in common, or coparcener for receiving more than comes to his just share or proportion, or against the personal representative of any such party.
Allowance of attorney fees out of unrepresented shares. In any partition suit when there are unrepresented shares, the court shall allow reasonable fees to the attorney or attorneys bringing the action on account of the services rendered to the parceners unrepresented by counsel of record.
As used in this subsection, "deed of distribution" means a deed conveying property from an estate or trust (i) to the original beneficiaries of a trust from the trustees holding title under a deed in trust; (ii) the purpose of which is to comply with a devise or bequest in the decedent's will or to transfer title to ...
Under Colorado law, a partition action is a legal proceeding used to divide or sell jointly owned real estate. When co-owners can't agree on how to manage, use, or sell their property, Colorado's partition statute provides a mechanism to separate their interests.
