Partition Deed Sample With Property

State:
Multi-State
Control #:
US-01604
Format:
Word; 
Rich Text
Instant download

Description

The Partition Warranty Deed is a legal document utilized to divide real estate among heirs or co-owners, based on a previously established Last Will and Testament. This form is particularly valuable for parties looking to formalize the division of property after a probate procedure, ensuring that all shares are accurately represented among the heirs. The document outlines each parcel of the property being conveyed, specifying legal descriptions and retaining mineral rights as per the original will. It requires signatures from all involved parties to acknowledge their acceptance of the terms and distribution. Notarization is also necessary to validate the document legally. The form is beneficial for various professionals, including attorneys, partners, owners, associates, paralegals, and legal assistants, as it simplifies the process of property partitioning in a clear and efficient manner. It serves as a reliable reference for ensuring equitable distribution and minimizing disputes among co-owners, facilitating smooth transactions in real estate law.
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FAQ

If one party wants out, then the other must agree to a sale of the property, or to buying the co-owner out. The other can be forced to sell by order of the Court if necessary, and the Court will order a sale by auction if one party refuses to co-operate.

?Joint tenants? is the traditional way, where each party gets 50 per cent of the sale equity no matter who pays the majority of the deposit or mortgage. If the property is held this way, you both receive half of the equity on sale no matter what.

In case of mutual consent. Irrespective of whether the property is being divided amongst family members, business associates, friends, or others, a partition deed must be signed between the co-owners (co-owners can be more than two). The property is divided based on an investment, a will, or a mutual agreement.

First things first, if you're looking to divide your property, you will have to obtain planning permission from your local authority. You can either do this yourself, or use an architect to act as your planning agent. Because this is a complex project, we recommend the latter.

Historically, the term "partition" comes from the basic word to break into "parts" as in physically dividing real estate in half. For example, if two siblings inherited ten acres of farmland, the property could historically be divided into five acres a piece for each of them.

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Partition Deed Sample With Property