Real estate litigation can be frustrating. New homeowners who discover undisclosed defects could take action against a real estate agent or a prior owner. Boundary disputes between neighbors could also trigger real estate litigation.
Occasionally, people choose to take legal action against others who share ownership of the same piece of property. They may want to end their joint ownership due to the expense, stress or maintenance obligations involved. In cases where co-owners cannot agree on personal obligations or how to end joint ownership, civil litigation could be the answer.
A partition action can resolve the issue
When civil court judges hear partition actions, they review requests to separate the ownership interests of two or more co-owners. The courts can order multiple appraisals to validate what the property is worth to ensure a fair outcome.
Partition actions can lead to a court order requiring that one owner buy out others or that multiple co-owners buy out the party hoping to terminate their ownership. Partition actions can also lead to the courts separating a single parcel of land into multiple distinct parcels so that each owner has their own property. Partition actions can even result in the sale of the property so that the owners can share the proceeds from the transaction.
Litigating in civil court can be a way to address disputes about joint real estate ownership and the obligations that come from owning real property. Owners can benefit from legal guidance as they document their experiences and prepare to present their case in front of a civil court judge.