New Jersey Agreement to Partition Real Property Between Children of Decedent

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Multi-State
Control #:
US-1190BG
Format:
Word; 
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Description

Partition is the division between two or more persons of real or personal property held by them in common ownership. The division can take place between joint tenants or tenants in common.
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FAQ

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.

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 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?.

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.

There is no need for all heirs to agree to sell a property if it is still in probate. The heirs need to petition the court for approval to sell the property. If they file a suit for partition, the court can order a property sale.

There are three methods of Partition provided by state law: (1) Partition by Physical Division, (2) Partition by Sale, and (3) Partition by Appraisal. Also known as ?Partition in Kind,? a Partition by Physical Division requires the Court to divide the land by its proportional value.

If both sides agree to partition a property, the costs usually will not exceed what normally is expected from the sale of any real property in New Jersey. However, if litigations ensues the costs can range from $5,000 to $30,000 in legal fees depending on how litigious both sides become.

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New Jersey Agreement to Partition Real Property Between Children of Decedent