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Thread: Partition

  1. #1
    MTsioux is offline Junior Member
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    Question Partition

    What is the name of your state?What is the name of your state? Montana
    My husband inheirited 1/4 interest in a tenants in common piece of property with other family members. We each have our own "cabins" on this 125 acre piece. Due to unreconsilable differences he wants his 1/4 interest to be separated from the others, so that we would own our 33 or so acres ourselves, with our own deed etc. What do we need to do? We are sure the "others" will not want this property split.
  2. #2
    seniorjudge Guest
    Q: What do we need to do?

    A: You must file a partition (i.e., forced sale) lawsuit. You can buy your part back if you are successful at the court-ordered auction. You will, of course, have a credit on the purchase price at whatever amount the court sets for you.
  3. #3
    MTsioux is offline Junior Member
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    auction?

    what exactly happens in this forced sale lawsuit? Does the entire property go up for auction or just our quarter interest? Is that a public auction? I appreciate your advise...and info.
  4. #4
    seniorjudge Guest
    Q: what exactly happens in this forced sale lawsuit?
    A: All of the property goes up for sale at a public auction; the court may or may not set a reserve (i.e., a minimum for which the property must sell) based on the previously done appraisal.

    Q: Does the entire property go up for auction?
    A: Yes.

    Q: Is that a public auction?
    A: Yes.
  5. #5
    MTsioux is offline Junior Member
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    Thanks very much....
  6. #6
    seniorjudge Guest
    Quote Originally Posted by MTsioux
    Thanks very much....
    You're welcome!
  7. #7
    HomeGuru is offline Senior Member
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    Another happy customer.

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