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Toms River, NJ Partition Action Lawyers

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If you have a contractual relationship with another party, whether it be a marriage agreement or a business partnership, and you and/or the other party have a financial interest in real estate, you will need to determine what to do if the other party comes into default or what to do if the relationship ends. If you are in the throes of a divorce or the dissolution of a business partnership, you may wonder how to divide real property that was accumulated during the relationship.

In other circumstances, when there is no prior agreement and a dispute arises and both parties want to reach an amicable solution, a partition action can be brought by both parties as a form of intervention. To preserve your interests and rights, contact our experienced Toms River partition action lawyers to evaluate your current situation under New Jersey partition laws. Call for a free appointment!

Toms River Partition Action Lawyers

What Is A Partition Action?

A partition action is a complaint filed with the courts by a co-owner of a real estate property seeking the courts to split the property fairly. Outside of court, you may negotiate or resort to mediation to reach an agreement, but most partition actions must be resolved in court. This is due to the likelihood of co-owners disagreeing on how to split or sell the property, as well as the court’s capacity to provide an impartial and fair ruling. Among other things, the court will consider each co-owner’s interests, the property’s worth, and any existing agreements or contracts. Finally, the court’s decision will provide all parties with a legally binding resolution.

Partition Action Challenges

Co-owners involved in a partition action, which is one of the most common types of co-ownership disputes, aim to physically divide the property by selling it to third-party purchasers or distributing it amongst all the parties. Among the most common pitfalls facing co-owners in a partition action are:

Property Valuation – The valuation of the property could be a subjective undertaking; there’s little surprise that the parties might disagree about it. To fix that issue, you’ll need appraisals and other types of reports from advisors that can force the co-owners towards a fair value of the property.

Division of Assets – co-owners will most likely have different inclinations, desires, and views regarding letting go of the property, prompting disputes and negotiations. Mutually reaching a distribution that is satisfactory for all parties might not be simple.

Legal Problems – Certain legal issues, such as questions about clear title or outstanding debts on the property, may still need to be resolved. The acquisition can involve legal interpretation and sometimes court action.

Emotional Attachment – The co-owners might have an emotional connection to the property, and this might prevent an equitable division (e.g., if a parent dies and bequeaths his house to his three children, and one of them does not want the house sold because he cannot part with his emotional attachment to it). It might be necessary to address emotional issues in addition to the ‘strictly’ legal and financial ones.

Our Toms River partition action lawyers can help you deal with any of these problems and keep your best interests in mind throughout the process.

What The Law Offices Of Patel & Cardenas Can Do For You 

Contact The Law Offices of Patel and Cardenas if you are looking for competent attorneys to represent you in a property dispute. Our Toms River partition action lawyers will make sure that you come out on top of the situation. You can always count on us to explain your rights and to fight for them on your behalf. Our in-depth understanding of partition action cases adds to our ability to provide the informed and insightful legal counsel that you need in any aspect of your case. Please contact our team at your convenience to learn how we can assist you. We offer a free consultation in which we will review your case and the legal options available to you.

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Toms River, 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.

Nashir M.

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!

Brian R.

The Law Offices of Patel & Cardenas

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