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.
Keyword: Maricopa Arizona Complaint for Partition of Real Property Description: A Maricopa Arizona Complaint for Partition of Real Property is a legal document typically filed by a co-owner(s) of real property in Maricopa County, Arizona, seeking a court-ordered division or sale of the property when co-owners no longer wish to own the property together. This complaint is a formal request to the court to intervene and resolve any disputes regarding the ownership, use, or management of the property. There are different types of Maricopa Arizona Complaints for Partition of Real Property, depending on the specific circumstances and desired outcome: 1. Complaint for Partition by Sale: This type of complaint is filed when the co-owners want to sell the property and divide the proceeds among themselves. It is often preferred when the co-owners cannot agree on a fair division of the property or when it is impractical to physically divide the property, such as in the case of a single-family home or commercial building. 2. Complaint for Partition in Kind: This type of complaint is filed when the co-owners request the court to physically divide the property among themselves. It is typically sought when the property can be easily divided into distinct portions, such as vacant land or a large estate with multiple dwellings. 3. Complaint for Partition with Accounting: In some cases, co-owners may request a complaint for partition with an accounting, especially when there are complex financial matters involved, such as unequal contributions towards property expenses or improvements. This complaint seeks an equitable distribution of both the property and any monetary adjustments owed to or by the co-owners. In any of these complaints, the plaintiff(s) will need to provide substantial evidence of co-ownership, demonstrate that a partition is necessary, and show that other attempts to reach an agreement have been unsuccessful. It is important to work with a competent attorney familiar with Maricopa County's laws and court processes to ensure a successful outcome and fair resolution of the co-ownership dispute.
