Settling A Real Estate Partition Lawsuit

Why referees to lawyers and the results you can get on your own?

Co-owners of real property between the real estate litigation often includes a claim for partition. Parties whether family members, friends or business associates, the division of property co-ownership of lawsuits are addressed through dispute. A partition lawsuit asks the court to force the partition or sale of the property.

Why you are fighting this case?

In most cases the parties agreed to split the few rather than litigation should fight. For example, families in litigation where the two sisters inherited a property together and equally (50% ownership interest), a sister, for whatever reason, will want to get out of the property. Perhaps because of lingering animosities family, the sisters have a way to be unable to agree on property division in a one will hire attorney to bring a partition lawsuit.

If a partition lawsuit to end plays out in court, the process will go something like this. Plaintiff established a command and any property owned division sales force will look. If possible, the court divided the property, but in most cases the only option would be for sale. For example, an industrial building can not be generally divided into two.

How much is it costing you sue?

The court will appoint a referee to prepare property for sale. Referee will hire a broker or auctioneer for any accounting issues to retain an accountant. For each of these parties must be paid. Referees, who often bill by the hour, as much as possible for every one case the bill is encouraged. Broker or auctioneer in the 5-10% category typically a percentage of any sales, will be found. Accountants also will be paid per hour. In other words, these consultants drain all the money before the property is sold.

The question then becomes why anyone would go through the process? It is more cost effective, a referee and without the need for additional court hearing just to quickly and automatically agree to the same process is simple.


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