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A partition action must be initiated with a verified complaint filed in the circuit court of the county where the land is located. 735 ILCS 5/17-101. The verified complaint needs to include a particular description of the premises sought to be divided.
The current property owner with the right to transfer the property must sign a Kansas deed. A deed that transfers a co-owned property should include the signatures of both owners. A lawful agent or attorney who can act on the owner's behalf may sign a deed for the owner.
Filing a partition case can be costly, especially if the joint property owners cannot come to an agreement. The filing fee for partition cases in Tennessee is typically between $200 and $400, depending on the county where the case is filed.
A partition action should be filed with the assistance of an experienced partition attorney. The cost of attorney fees in a simple, uncontested partition lawsuit could exceed $5,000 due to the amount of paperwork and filings. If the partition action is contested or overly complex, costs can exceed $20,000 to $30,000.
The Partition Action Owners of real estate in Missouri can bring a partition action to resolve such disputes. The law prefers to physically divide the property ?in kind?. A court may instead order a sale of the property and divide the proceeds among the owners if a division in kind is not possible.
A special warranty deed provides the grantee with limited covenants and warranties from the grantor, including a: warranty of the grantor's clear fee title subject only to noted encumbrances; and ? covenant to defend against title claims arising from the grantor's ownership interest.
A Kansas warranty deed transfers real estate with warranty of title. 2. A property owner who signs a warranty deed guarantees that the property's title is valid and free of liens and other issues affecting the property's marketability or value.
Partition suits can cost between $20,000 and $100,000, depending on the attorney's fees. Attorney fees and other costs are usually paid ing to each party's legal right to the property.