West Freehold, NJ Partition Action Lawyers

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If you find yourself in a property dispute over real estate for any reason, such as a divorce, the death of a loved one, or the dissolution of a business, we can help. While in many cases, real estate is divided by agreement between the parties, sometimes, it requires a partition action. If this occurs, the court divides the property among all the parties. Our West Freehold partition action lawyers will be there to fight for your rights to your property until the end, whether you are requesting a partition or contesting one. Please call The Law Offices of Patel & Cardenas for a free consultation today.

West Freehold Partition Action Lawyers

Available Options For Partition Action

The primary aim of a partition action is to divide or distribute property among co-owners according to the procedures of the court. There are many different types of partition actions that are more or less suitable for a specific set of circumstances and objectives.

    1. Partition In Kind

Just physically dividing the property into separate portions to give to the co-owners is one sort of partitioning that we can refer to using the term “partition in kind.” An example of this would be property that could be easily divided up, such as a large patch of land, and where the co-owners are content to agree to a partitioning plan.

    2. Partition By Sale

A sale-based partition is the second kind of partition action. Money from the sale of the property will be divided among all co-owners after it is sold. When property is difficult to divide, as it might be in the case of a single-family home, or when there is disagreement among co-owners regarding how the property should be divided, partition by sale is usually the method of choice used by owners to distribute a joint property.

These types of cases necessitate court intervention to order the sale of the property and ensure that each co-owner receives his or her respective interest as reflected in his or her ownership rights.

    3. Partition By Appraisal

There is also such a thing as a partition by appraisal. In a partition by appraisal, the property is appraised, and one co-owner can buy out the others based on what percentage of it they own. Partition by appraisal is typically used if one co-owner wants to keep the property, and is willing to pay the other co-owners fair market value for their interest. The valuation of the property becomes the central issue for owners with opposing interests. A lower valuation would make the property more affordable for the purchasing owner, while a higher valuation would result in a larger payout for the selling owner.

If you are uncertain about which partition action is right for your situation, contact our West Freehold partition lawyers to discuss your options.

Standard Issues In Partition Cases

When dividing jointly owned property, there are numerous obstacles and challenges to consider. The most common problems arise from the following:

  • Property Valuation: A fair market value is often subjective, and both co-owners may think that it does not accurately show how much their property is worth. It may take more than one expert’s opinion and different assessments to reach a decision that everyone can agree on.
  • Asset Distribution: Regardless of the initial agreements made between the co-owners, they are likely to disagree on a fair and equitable way to divide up the property now that they have different priorities and ideas. Getting everything that they want can be difficult.
  • Legal Issues: There may be a lien placed on the property by one of the sellers’ creditors, or there may be a title issue with the deed. This means, of course, that you will have to deal with the courts with claims from a third party.
  • Emotional Ties: If a co-owner has an emotional attachment to the property, they might not want to sell it, or at least not on the terms that the other person suggests. This is common when adult children inherit the family home. Negotiating emotional considerations such as that, as well as legal and financial interests, is a challenging task.

Our experienced West Freehold partition action lawyers can assist you in overcoming any of these obstacles and achieving your goals!

The Advantages Of Working With Our West Freehold Partition Action Lawyers 

Increase your chance of success by hiring our West Freehold partition lawyers. With our extensive experience in real estate law, we can provide you with the guidance you need throughout the partition process. We will also assist in negotiating a fair and mutually agreeable outcome for all co-owners. Our team of partition lawyers will vigorously protect your interests and ensure you receive a just result.

For over thirty years, The Law Offices of Patel & Cardenas has been offering legal services for clients involved in partition actions, foreclosures, probate, litigation, and other real estate matters. Our lawyers are licensed to practice in both New Jersey and New York, allowing us to handle property disputes in either state. Give us a call today to schedule a free, no-obligation consultation and learn more about how we can help you.

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West Freehold, 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.

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