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.
A New Jersey Complaint for Partition of Real Property is a legal document that can be filed by a co-owner of a property to seek a forced sale or division of the property amongst the co-owners. This complaint is the initial step in a lawsuit to resolve disputes regarding the ownership or use of real property in New Jersey. Keywords: New Jersey, complaint for partition, real property, co-owner, forced sale, division, lawsuit, ownership, use. There are different types of New Jersey Complaints for Partition of Real Property, tailored to specific situations and circumstances. These include: 1. Complaint for Partition by Sale: This type of complaint is used when the co-owners cannot agree on a fair division of the property and are seeking a court-ordered sale to liquidate the property and divide the proceeds amongst the owners. 2. Complaint for Partition in Kind: In cases where the property is physically divisible, such as a large tract of land, a Complaint for Partition in Kind can be filed. This complaint seeks a court order to physically divide the property amongst the co-owners, allocating separate parcels of land to each party. 3. Complaint for Partition with Accounting: When the property has been used for business purposes or rented out, and there are financial matters to address, a Complaint for Partition with Accounting may be filed. This complaint asks the court to not only divide the property but also to account for any profits or expenses related to the property during the co-ownership. 4. Complaint for Partition of Condominiums or Timeshares: In situations involving co-ownership of condominium units or timeshares, a specific Complaint for Partition of Condominiums or Timeshares can be filed. This complaint addresses the unique aspects of dividing such properties, including shared amenities and rights. 5. Complaint for Partition amongst Heirs: When co-ownership arises due to inheritance, a Complaint for Partition amongst Heirs may be necessary. This type of complaint enables co-heirs, who often have conflicting interests, to resolve their ownership disputes and distribute the inherited real property fairly. By serving as the first step in a legal process, a New Jersey Complaint for Partition of Real Property can help co-owners resolve their disputes and find an equitable solution for the division or sale of their jointly-owned property in New Jersey.
