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When property is owned by more than one person, a partition action is used to resolve the issue and provide fair compensation for each party. Thrift McLemore represents clients who cannot reach an agreement regarding how to use or maintain a property and need to file a partition action to separate ownership interests. Partition actions are most common in situations when the property is owned jointly by an unmarried couple who separates, children inherit a property or a business partnership dissolves without an agreement regarding the division of its assets.
Regardless of the circumstance, our partition attorneys represent clients who either want to bring a partition action or has been named in a partition action where jointly owned property is involved. We recognize that these situations may not be amicable and will recommend the best partition option for each unique circumstance.
There are two ways to divide parties in a partition action:
- Partition in Kind. Also known as an actual partition, this process essentially severs joint ownership in the property by dividing it into individual portions. Each of these portions is solely owned and controlled by a specific person to be used as he or she chooses. This partition option tends to be legally easier to complete than the second one and is often used when the joint owners are generally on good terms but disagree about the best use of the land.
- Partition by Sale. As the name implies, this process requires the sale of the entire property and the division of the proceeds among the owners in proportion to their ownership interest. This option is most often used when the property cannot be divided into smaller portions or when the joint owners cannot agree about who should keep the property.
Partition options can be voluntary, disputed or court-ordered, depending on the circumstances, including animosity between the parties or one person believes that he or she is being treated unfairly.
Partition Option Representation
Partition actions are viewed as the option of last resort and our attorneys provide mediation services with the goal of achieving a satisfactory outcome to all parties without the need for formal legal action. If mediation is not appropriate under the circumstances or if it fails to achieve a consensus, we will represent your interests throughout the partition process to assure your interests are protected. Our attorneys will advise you as to your rights and obligations under this legal process and work to assure that you receive the correct portion of the property or sale proceeds.
Our aim is to assure that you receive your fair and just portion of the property, or its proceeds, at the center of this action. When the partition action is voluntary or court ordered, Thrift McLemore will provide legal counsel and representation through every step of this process.