Arizona Agreement to Partition Real Property According to Award of Surveyor
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How to fill out Agreement To Partition Real Property According To Award Of Surveyor?
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FAQ
12-1211 - Compelling partition; complaint. A. The owner or claimant of real property or any interest therein may compel a partition of the property between him and other owners or claimants by filing a complaint in the superior court of the county in which the property, or a portion thereof, is situated.
In a partition by allotment, which is not available in all jurisdictions, the court awards full ownership of the land to a single owner or subset of owners, and orders them to pay the person or persons divested of ownership for the interest awarded.
Partition action is the legal process by which a court is called upon to divide (or part) the equitable interest in real property amongst co-owners who can't unanimously decide on what to do with the asset.
A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of ?Partition?.
The Partition of Real Property Act is a new bill that went into effect on January 1, 2023, which replaces the Uniform Partition of Heirs Property Act. The law gives defendants an opportunity to buy the property at an appraised value as supervised by the court.
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.
To legally ?partition? property means to bring a proceeding in court to force the physical division or sale of the property and division of the proceeds among the co owners. In certain cases it can be an absolute right of a co owner while in others it is contingent on various factors.
Arizona Partition Actions File in superior court in the county in which the property is located; Identify the names and residences of each of the known owners, Identify everyone? s known ownership interests and claims; and. Include a description of the property, and it's estimated value.