+ Reply to Thread
Results 1 to 3 of 3
  1. #1
    cdmccabe Guest

    Unhappy Partition of real property

    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
  2. #2
    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.
  3. #3
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
    Posts
    81,918
    Originally posted by hexeliebe
    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.

Similar Threads

  1. Real estate partition
    By DECELLEV in forum Other Real Estate Law Questions
    Replies: 0
    Last Post: 07-22-2011, 02:19 PM
  2. real property partition action
    By jennifer jill in forum Other Real Estate Law Questions
    Replies: 1
    Last Post: 07-26-2008, 01:44 PM
  3. partition of real property
    By abauer in forum Wills, Trusts and Estate Planning
    Replies: 3
    Last Post: 07-26-2006, 06:15 AM
  4. partition of real estate
    By Bon Ami in forum Other Real Estate Law Questions
    Replies: 5
    Last Post: 03-29-2002, 02:57 PM
  5. Partition of Real Property
    By SoTampa in forum Other Real Estate Law Questions
    Replies: 14
    Last Post: 05-16-2001, 04:21 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.