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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.
A Partition By Sale allows a co-owner of real property to force a sale of the entire property despite the unwillingness of any co-owner. Absent a waiver, an owner has an absolute right to partition his or her interests in the property and force a sale of the property.
The right of partition allows co-owners who are seeking to terminate their interests in a piece real property to do so by utilizing the appropriate court to force the sale of the property.
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.
If you have to go to court, the process could take around two years from start to finish. However, if you can agree through mediation, the process could take significantly less time. The length depends on your lawyer's preparation, methods, how many owners are involved, and how much each party is willing to compromise.
A partition suit is an effective remedy for resolving real estate ownership disputes, particularly ones in which co-owners cannot agree on whether to sell or keep a piece of property. Your strategy for how to win a partition action will depend on what you are seeking to do with the property at issue.
A partition is a division of concurrent interests in land. Such types of concurrent ownerships are usually either joint tenancies or tenancies in common.
Partition. Tenants in common and joint tenants can petition a court to partition the property. This means that the court is being asked to divide the property into different lots or sections.
A partition and exchange agreement is one standard method for married couples to legally divide community assets in a way that is similar to legal separation. This option allows the couple to legally change and divide (partition) community assets into separate property.
Documents required for filing a petition suit Identity proof of legal heir. Certified copies of all title deeds of the property, including the description of the property. Valuation of property. Birth and Residence proof of the legal heir. Death certificate of the deceased owner, in original.