What happens when a partition lawsuit is filed in court? what does the process entail?
2 Answers from Attorneys
Once the lawsuit is filed, it has the same charactoristics as any other lawsuit. One difference it that a Motion for Summary Judgment can be filed. Please call me if you have any other questions. Normally, without a Motion for Summary Judgment, these cases usually take up to 1 year or more to be resolved.
Assuming that the Plaintiff has complied with the myriad procedural and substantive requirements, then after all parties are served, the court will likely order the property sold per a referee's administration. A referee is appointed by the court, sometimes with the parties' input. The referee eventually sells the property and places the proceeds in trust. The parties then litigate what portion of the proceeds go to each co-owner of the property.
In the simplest case, a property owned half/half by two partners, each of whom have contributed equally to the property's upkeep, maintenance, etc, the proceeds from the sale (less expenses and referee's fee) would be divided equally between the partners.
There can be many pitfalls in a partition lawsuit; and litigators not familiar with how to properly complete a partition lawsuit will generally take a lot longer than typical to do one. Partition lawsuits are generally quite expensive.
We are real property litigators with extensive experience bringing and defending against partition suits. If you would like us to review the underlying facts and docs, please feel free to contact us for a no charge consult.
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