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Jersey City, NJ Real Estate Dispute Lawyers

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Real estate conflicts can take on many forms, and disputes involving jointly owned real estate are among the most common. The main cause of these conflicts is often a relational issue between two or more parties involved in the ownership of a property that has absolutely nothing at all to do with the property itself.

In such cases, sometimes the relationship is beyond repair and needs a clean break between the parties, which means the property needs to be divided or sold. In some cases, though, the property is at the very heart of a dispute. Parties could be arguing over who is responsible for paying taxes, maintaining the property, or even how the property is being used, which has caused a rift in the relationship. In any case, the property must be divided, or sold to bring resolution to the dispute.

This is where our experienced Jersey City real estate dispute lawyers with extensive experience in real estate partition actions can be of tremendous assistance. Give our offices a call today for a free consultation to learn more about how we can help you with your real estate dispute.

Jersey City Real Estate Dispute Lawyers

How Do Partition Actions Work?

A partition action serves the purpose of legally dividing or partitioning property among co-owners and their property by judicial order. There are several different kinds of partition actions, and each one is crafted to suit slightly different circumstances and goals. Which type of partition action you decide to file depends upon a number of factors, including the nature of the dispute, the nature of the property, and the nature of the parties. Each dispute is unique, of course, and presents its own set of nuances, but often they share certain root causes and problems that can be resolved in one of three ways:

Partition In Kind

The term “partition in kind” refers to one class of partition action: the splitting up of the property itself. With this type of partition, the property is physically divided into different parts and then distributed to each co-owner. Large tracts of land are good examples of property that can be split up into separate parts for this purpose.

Partition By Sale

The second kind of partition action is called a sale-based partition. A sale-based partition means that the property is first sold, and then the proceeds from the sale are divided up between the co-owners. People usually file a partition by sale when it is difficult, if not impossible, to divide the property among the parties (for instance, you can’t divide a single-family home into parts and easily assign each individual co-owner to a specific part of the house) or when the co-owners can’t agree on how to divide it. These types of situations require the court to step in and order the property to be sold and then split up the proceeds according to the parties’ respective ownership interests.

Partition By Appraisal

Lastly, there’s a partition action called a partition by appraisal, that is, a partition proceeding in which the property is appraised, and one of the co-owners can buy out the other co-owners at a percentage relative to their ownership in the land. Partition by appraisal often involves cases where one of the co-owners wants to keep the property and is willing to pay at market value for the other co-owners’ interests.

If the co-owners disagree as to how they want to divide their property among themselves, these various partition actions provide the legal premise by which to resolve the disagreement.

The Role Of Jersey City Real Estate Dispute Lawyers In Partition Actions

You may find that it is to your advantage to retain a real estate attorney with vast experience handling partition actions. Here are some of the areas we can best assist you with in a partition action:

  • Legal knowledge: Provide understanding of relevant laws, procedures, and precedents in dividing co-owned property.
  • Case evaluation: Assess the viability of the partition action case based on specific circumstances.
  • Legal advice: Walk you through each possible legal outcome in a partition action and offer guidance on your best course of action.
  • Preparation of legal documents: Prepare all necessary documents involved in a partition action to be filed by a petitioner.
  • Representation in court: Argue your case. Speak on your own behalf. Answer objections by the opposing counsel or their attorney.
  • Negotiation and Mediation: Facilitate negotiation or mediation to reach a mutually agreeable solution.
  • Valuation of property: Assist in establishing fair market value of the property
  • Protection of rights: Safeguard your rights throughout the partition action process.
  • Resolution of disputes: Help address conflicts, mediate resolutions, and represent your interests in court.
  • Post-partition action matters: Execute orders of court, including division of assets and distribution of proceeds, and resolve any post-action disputes and/or claims.

Settle Your Real Estate Dispute Today—Call The Law Offices Of Patel & Cardenas!

The Law Offices of Patel & Cardenas are committed to providing clients with efficient and empathetic assistance in partition actions. We will support you in filing a partition action or defending against a petition for partition action initiated by a co-owner of the property in question.

Our Jersey City real estate dispute lawyers can evaluate and defend your rights to ensure that the resolution you desire is consistent with your best interests. With more than 30 years of practice with all kinds of partitions, we are dedicated to finding a quick and affordable solution to your problems. To determine your options if you file or are served a partition action, contact us today for your free consultation.

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Jersey City, NJ Practice Areas

Very pleased with the level of care and attention in dealing with this law firm. They were always quick to respond and patient with a very impatient first time home buyer! Robert Ranalli was my attorney and I would recommend for any legal needs.

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I had the pleasure of working with Veer Patel and staff for several months and could not have been more pleased with the attention, care, and professionalism of everyone at the firm. Really good experience and would definitely recommend!

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