Complaint For Partition

[ryu88]

What is the name of your state (only U.S. law)? New Jersey

We have received a complaint partition on a property which has three owners. One of the owners has filed the complaint and the other two (myself included) do not wish to proceed in dividing the house or selling the property. What options are available? What particular field / specialty of law does this come under? What qualifications should I look for in finding a lawyer to represent me.

Thanks in advance for any help / info.
Ryu

 

[FlyingRon]

It's Real Estate law.

Your options are to try to settle with the other owner buying him out. Presumably you have not been able to do this earlier which is why the suit was brought.

There's not usually much defense that can be mounted in a partition suit (it takes some dispute in the title or some other contract or covenant that restricts the sale).

 

[HomeGuru]

What is the name of your state (only U.S. law)? New Jersey

We have received a complaint partition on a property which has three owners. One of the owners has filed the complaint and the other two (myself included) do not wish to proceed in dividing the house or selling the property. What options are available? What particular field / specialty of law does this come under? What qualifications should I look for in finding a lawyer to represent me.

Thanks in advance for any help / info.
Ryu

**A: you basically have 2 options get bought out or buy out.

 

[ryu88]

Does it matter how much the party initially paid for the property? For example, a property value of 100k, if one party paid 20k, and the other 80k, can one try to pull out of the partition taking 50k?

Thanks for the help guys.

 

[FarmerJ]

R every one involved in a partition suit brings to court numbers as part of the claim they want to settle , If one party of 3 had not paid up her/his fair share of taxes and maint and insurance and expenses related to the property it would be fair for the other two to ask a court for credit to be given to them to recognize reciepts wich show they covered number 3s shortfalls. Partition suits are messy and there is no way to safely defend one with out a atty . Use the links above and find a atty to assist you.