New Jersey Complaint for Partition of Real Property

Q: What is an example of a partition in real property?

Historically, the term &quot;partition&quot; comes from the basic word to break into &quot;parts&quot; as in physically dividing real estate in half. For example, if two siblings inherited ten acres of farmland, the property could historically be divided into five acres a piece for each of them.

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

What is the Right of First Refusal? In a California partition action, the Right of First Refusal grants co-owners the right to purchase the interests of their fellow co-owners before the property is sold to an outside party.

Put simply, a co-owner who brings a lawsuit for partition in California is seeking to fairly and equitably divide a piece of real property among all its co-owners with the help of the court.

There are only two things that can officially stop a partition action: fraud and duress. Evidence of fraudulent activity on behalf of any of the co-owners or threats made to influence the outcome of the case may be grounds for stopping a partition action lawsuit.

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?.

Historically, the term "partition" comes from the basic word to break into "parts" as in physically dividing real estate in half. For example, if two siblings inherited ten acres of farmland, the property could historically be divided into five acres a piece for each of them.

If the partition complaint is verified, each paragraph in the complaint must be addressed in the answer. Defendants can admit the allegations, deny the allegations, claim they have insufficient knowledge to admit or deny the allegations, or object to allegations by giving a reason for the objection.

The remedy of partition requires the filing of a lawsuit in the Superior Court of New Jersey, usually filed in the County where the property is located. While it the Court is empowered to physically divided properties and distribute among the co-owners, this is uncommon and generally applies only to vacant land.

The letter explains that you have the right to force a sale via partition action, citing to the relevant law. The letter ends by attempting to persuade your co-owners that voluntary sale or a voluntary buyout would be better than a forced sale.

New Jersey Complaint for Partition of Real Property

Description

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How to fill out Complaint For Partition Of Real Property?

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FAQ

What is the first right of refusal in a partition?

What is a partition notice?

How do I stop a partition action?

What does partition action mean?

What is an example of a partition in real property?

How do you respond to a partition action?

How do I file a partition action in NJ?

What is a letter warning of partition action?

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New Jersey 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 the first right of refusal in a partition?

What is a partition notice?

How do I stop a partition action?

What does partition action mean?

What is an example of a partition in real property?

How do you respond to a partition action?

How do I file a partition action in NJ?

What is a letter warning of partition action?

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