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How does Partition law suit work?

Posted on: 26th Jan, 2009 07:40 am
what is process for partition law suit? do I need an attorney or can I file by myself so it won't be costly? How much does filing a partition law suit typically cost. Thanks, this website has been very helpful!
Hi Theo,

Your siblings have equal rights to the property as you have. They can ask you to move out of the property so that they can sell off the property. However, if you want to keep the property, then you can buy them out by offering them a certain sum of money. This will make you the sole owner of the property.

Thanks
Posted on: 23rd Jan, 2011 08:41 pm
My sister & I have property that was deeded to both of us as joint tenants. My sister won't move, doesn't want to sell and refuses to buy me out. What rights do I have? Thanks
Posted on: 15th Nov, 2011 05:22 pm
Hi Jeb!

Welcome to forums!

You can contact an attorney and file a partition lawsuit in order to sell off the property. The court will go through the case and decide whether or not the property should be sold off.

Feel free to ask if you've further queries.

Sussane
Posted on: 15th Nov, 2011 08:09 pm
we are two brother have a field land with joint acount. naw my brother change the landuse of one half of land & sale it. this is right or not. pls tell me............?
Posted on: 08th Sep, 2012 02:23 am
Hi Guest,

In order to sell off a portion of the joint property, your brother should have taken your permission. If he hasn't done so, then it may be considered as illegal. You can contact a real estate attorney and take his opinion in this regard.

Thanks
Posted on: 09th Sep, 2012 10:50 pm
my father left me and my brother a house that was paid off. the trust says equall shares. we both want to buy each other out. niether party wants to sell to the other. i live in the house. do i have to pay rent or do i have to turn over keys to the property so we can share the residence?
Posted on: 19th Feb, 2013 08:03 pm
Hi jimsally,

You can give a duplicate key to your brother so that both of you can share the residence as none of you want to sell off the property. Sharing the keys may help you save the situation.
Posted on: 20th Feb, 2013 10:23 pm
my ex girlfriend is on the title to my house but not the mortgage. she has never contributed to the house payment. we broke up in july 2010 and i let her live in my house rent free until she found her own house. i married in 2011 to someone else and now i want to refinance and get my ex off the title but she won't agree to sign the quick deed unless i pay her $10,000. what other options do i have?
Posted on: 14th May, 2013 08:43 pm
Hi alk!

Welcome to the forums!

You have no other option but to buy her out if you wish to remove her from the property deed. Unless she signs the deed, you won't be able to own the property free and clear. However, if you wish to sell off the property, then you can file a partition lawsuit.

Feel free to ask if you've further queries.

Sussane
Posted on: 15th May, 2013 09:45 pm
my father left mineral rights to me and my brother and sister in common. how do we divide them so each one of us can lease or sale ?
Posted on: 15th Sep, 2013 07:37 am
Hi charles,

You and your siblings should contact a real estate attorney and he will help you in dividing the mineral rights so that all of you can get equal shares from the sale proceeds.
Posted on: 15th Sep, 2013 10:39 pm
i am from a muslim family we are 3 brothers and 2 sisters my father and mother died leving no will but my younger brother sold one land without informing us and he is going to sell other land please tell me what to do.
Posted on: 21st Sep, 2013 01:19 am
Hi MD MUMTAZ ALAM,

You should immediately contact a real estate attorney and file a lawsuit against him so that you can stop him from selling any other land.
Posted on: 23rd Sep, 2013 12:24 am
me and my sister both own 1/6 of a real estate in NY state. my brother 2/3. She file a partition to claim that she should be the sold ownership of the house, she collected rental income from the downstairs unit and live upstairs units. We never see a monthly statement and the house if lack of maintenance , and my lawyer said that she doesn't want to sell her portion, she wants the whole house. What option do I have if me and my brother wanted to buy her out and she think otherwise ?
Posted on: 04th Oct, 2013 03:58 pm
Hi yuen hang,

Well, this is a tough situation. It will be better if you could get in touch with an attorney in this regard and take his opinion.
Posted on: 06th Oct, 2013 11:09 pm
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