What are the steps in a partition action?

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.

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Complaint for Partition of Real Property

New Hampshire Complaint for Partition of Real Property

Category:

Civil Actions - Complaints - Partitions

State:

Multi-State

Control #:

US-02663BG

Format:

Instant download

Description

A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.

A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.

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How to fill out Complaint For Partition Of Real Property?

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FAQ

When two unmarried individuals co-own a property and wish to terminate their shared ownership, they can file a legal action known as a Petition to Partition. This allows the court to intervene and facilitate the fair division of the property, including the distribution of equity.

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.

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?.

A partition action generally takes a year, a half, and two years to reach trial. Sometimes we can do them in less time, but occasionally it takes longer. In addition to how complex discovery is, whether there are discovery disputes, and how the court schedules trials, other factors factor into it.

A partition suit is an effective remedy for resolving real estate ownership disputes, particularly ones in which co-owners cannot agree on whether to sell or keep a piece of 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. In certain cases it can be an absolute right of a co owner while in others it is contingent on various factors.

Any person with an existing or future interest in the property may bring the action for partition. This includes existing co owners (joint tenants; tenants in common, etc.) as well as people with a future interest (remainder men to life estates.) However, lien holders do NOT have the right to partition.

New Hampshire Complaint for Partition of Real Property

Description

Related forms

Viewed forms

How to fill out Complaint For Partition Of Real Property?

Form popularity

FAQ

What is a petition to partition in NH?

What are the steps in a partition action?

What is a partition suit used for?

How long does it take to partition a property?

Why would a co owner of a property file a partition suit?

What does it mean to partition a property?

Which form of ownership does not allow the right of partition?

What is property partition law?

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New Hampshire Complaint for Partition of Real Property

Description

Related forms

Viewed forms

How to fill out Complaint For Partition Of Real Property?

Form popularity

FAQ

What is a petition to partition in NH?

What are the steps in a partition action?

What is a partition suit used for?

How long does it take to partition a property?

Why would a co owner of a property file a partition suit?

What does it mean to partition a property?

Which form of ownership does not allow the right of partition?

What is property partition law?

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