Montana Interlocutory Judgment Granting Partition on Pleadings and Appointment on Referee
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FAQ
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.
Partition actions are when one party to jointly-owned property or a business wants to sell their ownership rights.Therefore a partition is a request to a court to help determine the best manner of dividing jointly-owned property.
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.The right to partition can be waived if the correct agreement is executed.
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.
It generally takes about a year and half to two years to get to trial on a partition action.
A court-ordered sale or physical division of property, usually real estate, that's owned by more than one person as tenants in common or joint tenancy. Any co-owner has the right to demand a partition. PROPERTY. property & real estate law.
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.
A Partition action should be filed with the assistance of an experienced attorney. A Partition action typically involves the cost of a title report, legal fees and costs for handling the lawsuit through trial, and referee costs. An uncontested judgment for Partition could cost at least $25,000 in legal fees and costs.
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.