Pennsylvania Agreement to Partition Real Property Between Children of Decedent
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How to fill out Agreement To Partition Real Property Between Children Of Decedent?
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FAQ
To initiate a partition action in Pennsylvania, a co-owner must file a partition complaint at the Court of Common Pleas in the county in which the property is located. The partition complaint will include the names of the co-owners, the property description, the co-owners interest in the property.
A partition action is a lawsuit in which a court determines whether a property with two or more owners is to be partitioned or sold. When two or more owners cannot agree on the disposition of the property in question, any of the owners can file a partition action in the appropriate court.
If the decedent and his or her current spouse are their parents, the children are entitled to an inheritance only after the surviving spouse inherits $30,000 and half of the balance of the estate. But if the children were born out of marriage or during a previous relationship, their share shifts to half of the estate.
In short, to force the sale of jointly owned property, you must first confirm title, then attempt a voluntary sale or buyout, file and serve a partition lawsuit, get an appraisal, sell the property, and finally divide the sale proceeds fairly.
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.
Partition cases can take a few months to a few years to resolve depending on whether the case settles. Not all jointly owned property is resolved through partition actions. Properties subject to a marital divorce or a deceased's will are resolved through divorce court and orphan's court respectively.
Partition of Real Estate in Pennsylvania: When Property Owners Can't Agree. When co-owners of real property in Pennsylvania cannot agree on the management or sale of the property, Pennsylvania law gives any owner the right to request a ?partition? of the property.