Delaware Petition for Partition
Description
How to fill out Delaware Petition For Partition?
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FAQ
How much does a partition action cost? In California, the cost of partition action and attorneys fees can vary greatly, depending on the complexity of the property and issues involved and the resistance of your opposing party. Attorney's fees can range from $20,000 to $100,000+ per party.
How long does it take to process a partition action? It generally takes about a year and half to two years to get to trial on a partition action.
A petition for partition can take 6 months to one year if ordered sold at the courthouse. The parties can always decide to sell through a realtor and the time will depend on when a buyer makes the offer.
A partition action allows a co-owner of a property to force a sale of the property, so they can take their share of the proceeds. However, in some cases, the other co-owners may not want to sell the property. While it's very difficult, legally, to stop a partition action there are alternatives.
The petition to partition is a legal tool designed to resolve disputes between co-owners. Its outcome is a court-ordered physical division or sale of the property for fair sharing of proceeds among co-owners.
A Partition By Sale allows a co-owner of real property to force a sale of the entire property despite the unwillingness of any co-owner.The Court must determine that under the circumstances, sale and division of the proceeds would be more equitable than division of the property.
Can A Partition Be Stopped? Typically, a partition action cannot be stopped once a lawsuit is filed because anyone who wants to dissolve ownership that is jointly owned with another person has a legal right to sell his/her interest if desired.