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Elizabeth, NJ Partition Action Lawyers

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If you are dealing with real estate issues due to divorce, inheritance, or the dissolution of a business partnership, The Law Offices of Patel & Cardenas can help. In some cases, this type of dispute will necessitate a partition action to force the sale of the property among all parties with a vested interest. 

When a partnership dissolves, or heirs are at odds over a deceased parent’s estate, the assets and debts are usually split fairly. But if co-owners want to divide a piece of property, they might need to file a partition action. In cases where splitting the property is not an option, the court looks at the rights and interests of all the co-owners and follows the law to divide the property appropriately. An alternative would be to have the property sold and the proceeds divided.

Property division is frequently the most contentious aspect of any split, which is why you should seek the advice and assistance of a partition action lawyer. A partition action may be necessary if you are unable to reach a compromise with your partner(s) and the court is forced to intervene. If you find yourself in the middle of a property dispute, consult our Elizabeth partition action lawyers to learn how we can help you.

Elizabeth Partition Action Lawyers

Who Can File A Partition Action?

Any co-owner of a property can initiate a partition action, such as a property owner who owns the property with another person or entity, such as a business or a partnership. In some cases, a property owner will file a partition action to divide the property. In other cases, the property owner will be named as a party in a partition action by another owner. Some of the most common scenarios for filing for partition include: 

  1. Separated or divorcing spouses: Where parties are in divorce or separation and one party wishes to sell their family home and the other disagrees.
  2. Co-owners of real estate: when the co-proprietors of a property do not agree as to how the property should be used or divided.
  3. Business partners: People who work together in a business can file a partition action to sell or divide real estate if they both have a stake in it and the investment ends by mutual consent or because of disagreements that can not be solved. 
  4. Joint heirs of an estate: if the heirs of an estate cannot agree on how to divide the property, they can file a partition action.And more!

Typical Issues Concerning Partition Actions

When individuals make the decision to pursue a partition action, they may believe that this is the only solution and will ultimately settle the dispute. However, they often fail to consider the problems inherent in or other potential negatives associated with partition actions. Before moving forward with a partition action, it is important to consider the following issues you might encounter:

  • Property Valuation: One issue that can arise in these actions is what the value of the property is and how it is determined. The parties may have  different opinions of the value of the property and may not be able to come to an agreement. The lawyers, appraisers, and others involved in partition actions can incur significant fees for co-owners.
  • Time Delays: The time taken for a partition action to proceed, from start to finish, through the entire legal process can further delay resolution. This can be caused by the court’s schedule for calling matters, disputes between the parties, and complex legal issues that may arise.
  • Relational Stress: When a partition action is filed, relations, especially those between friends and family members, can be irrevocably damaged. It’s important to weigh the benefits of a partition action against the potential cost to your long-term relationships.
  • Unsatisfactory Outcome: One or more parties to the partition action may express dissatisfaction with the outcome of a partition action even after, or because, the action was completed. 

How Our Elizabeth Partition Action Lawyers Can Help!

As a law firm, The Law Offices of Patel & Cardenas is committed to assisting clients through partition actions in an effective and sympathetic manner. Whether you are wishing to file a partition action against a co-property owner or are defending the petition for a partition action, our Elizabeth partition action lawyers are here to evaluate and defend your rights in support of your best interests. With over 30 years of practice and experience with all types of partitions, we are confident that we can assist you in resolving your issues in a cost-effective and timely manner. If you file for a partition action or are served with a partition action, call us today for your free consultation to discuss your options.

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Elizabeth, NJ Practice Areas

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