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Partition of real property

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cdmccabe

Guest
What is the name of your state? Florida
My brother and I are in a dispute over a vacation home which is jointly owned. I recently was served a summons relating to a Complaint about partition of the property. How difficult is it for me to respond to this complaint-I have 20 days-if I do it myself? Any special forms? Any legal books at the library or internet advice available to me?My present attorney as responded to my brothers atty. but fails to get a response. I have agreed to sell but he has filed this complaint. I was requested to find a real estate agent- I did and gave this to my atty but no responce from his. I don't know if my atty is doing his job or not but I feel I can present my case a lot cheaper than what he wants. But I need help. There is no direct communication with my brother nor will there be. I need help.
Thanks
CDMcCabe
 


H

hexeliebe

Guest
An answer to a complaint doesn't necessarily require an additional answer. So don't expect your brother's attorney to respond.

The normal course of events in a situation like this is that a complaint / summons is issued, and answer (denial of the facts) is issued and the matter is set for trial.

A partition for sale, as I assume this matter is since you can't divide in half a home (without a very sharp chainsaw) typically requires the court to order the sale of the property and each side to pay their respective attorney fees, splitting the cost of the sale.

Because of the complexity of real estate laws I would not attempt to do this on my own, and I have gone through 14 such cases in the past two years, with 4 more to go.

Yes, you can present your case a lot cheaper than an attorney. But who knows the law better? Who has appeared in court over similar matters? Who can negotiate with the other attorney in a forceful manner on the basis of equity and law?

Forget taking this matter up yourself. You'll be doing yourself a favor in the long run.
 

HomeGuru

Senior Member
hexeliebe said:
An answer to a complaint doesn't necessarily require an additional answer. So don't expect your brother's attorney to respond.

The normal course of events in a situation like this is that a complaint / summons is issued, and answer (denial of the facts) is issued and the matter is set for trial.

A partition for sale, as I assume this matter is since you can't divide in half a home (without a very sharp chainsaw) typically requires the court to order the sale of the property and each side to pay their respective attorney fees, splitting the cost of the sale.

Because of the complexity of real estate laws I would not attempt to do this on my own, and I have gone through 14 such cases in the past two years, with 4 more to go.

Yes, you can present your case a lot cheaper than an attorney. But who knows the law better? Who has appeared in court over similar matters? Who can negotiate with the other attorney in a forceful manner on the basis of equity and law?

Forget taking this matter up yourself. You'll be doing yourself a favor in the long run.
**A: I agree with hexy.
 

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