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In a partition lawsuit, there are generally four different steps. First, the court determines each party's ownership interests. Second, the court will decide on the manner of sale. Third, the court will order the property be sold.
Partition' is a division of the property between co- parceners/co-tenants resulting in individual ownership/tenancy of interest of each co-parceners/co-tenants; while transfer' is an act of a party by which the title of the property is conveyed from one person to another.
An answer to a partition action is a pleading by the defendant in response to the plaintiff's complaint for partition. In the answer, defendants have an opportunity to address the allegations contained in the plaintiff's partition action complaint.
Here are some of the most common ways to win a partition suit: Getting bought out at a fair price. ... The property being sold on the open market. ... Getting a co-owner to move out of the property so it can be rented. ... Getting reimbursed for the funds you put into the property.