Rhode Island 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
A partition action is a legal remedy available to co-owners of real property, when they cannot agree on the use, management, or sale of the property. This action, as you mentioned, is brought to court to force the division or sale of the property, providing each owner with their fair share of the property's value.
An answer to a partition action is a pleading by the defendant in response to the plaintiff's complaint for partition. In the answer, defendants have an opportunity to address the allegations contained in the plaintiff's partition action complaint.
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.
Rhode Island's adverse possession law is very simple, allowing someone to claim legal title to an otherwise neglected piece of property after openly inhabiting it for at least 10 years.
A partition lawsuit requires real estate to be sold regardless of the requests of the other title owners. The purpose of a partition action is to permanently end all disputes and remove all obstacles to the free enjoyment of land by one person.
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?.
If you own property jointly with someone else, and this ownership includes the "right of survivorship," then the surviving owner automatically owns the property when the other owner dies.
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.