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.
Lima Arizona Complaint for Partition of Real Property is a legal document filed by a co-owner who seeks to divide or sell a jointly owned property in Lima, Arizona. This complaint is generally filed when there is a disagreement or dispute among co-owners about the future use or division of the property. Partition of real property refers to the division or sale of property owned by multiple parties, ensuring that each co-owner receives their fair share of the property's value. However, it's essential to note that a complaint for partition can only be filed if the property cannot be divided physically or if it is not in the best interest of the co-owners. Keywords: Lima, Arizona, complaint, partition, real property, co-owner, divide, sell, jointly owned property, disagreement, dispute, future use, division, fair share, value, physically, best interest. Types of Lima Arizona Complaint for Partition of Real Property: 1. Complaint for Physical Partition: This type of complaint is filed when the property can be physically divided into separate portions, allowing each co-owner to have their share independent of the others. The court will order the property to be divided, ensuring that each party receives their rightful portion. 2. Complaint for Sale Partition: When the property cannot be divided physically, or it is not in the best interest of the co-owners, a complaint for sale partition is filed. In this case, the court orders the property to be sold, and the proceeds are then distributed among the co-owners according to their shares. 3. Complaint for Accounting: In some cases, a complaint for accounting may be filed as an alternative to physical or sale partition. This complaint is made when one co-owner alleges that another co-owner has mismanaged the property or failed to account for profits and expenses. The court will then review the financial records and determine the appropriate remedy. 4. Complaint for Exclusion: A complaint for exclusion may be filed in situations where one co-owner seeks to remove another co-owner from the property. This type of complaint is typically filed when a co-owner has been wrongfully occupying the property or has caused significant harm or disruption to the other co-owners. In conclusion, the Lima Arizona Complaint for Partition of Real Property is a legal avenue for co-owners to resolve disagreements regarding the division or sale of jointly owned property in Lima, Arizona. Different types of complaints, such as physical partition, sale partition, accounting, and exclusion, exist to address specific circumstances and ensure a fair resolution among co-owners.
