Partition action
A lawsuit in which a co-owner asks a court to divide jointly owned real estate or order it sold and the proceeds split.
Definition
A partition action is a lawsuit in which one co-owner asks a court to divide jointly owned real estate or, more often for a single house, to order it sold and split the proceeds. Any co-owner can usually file, even one with a small share.
Partition comes up most often with inherited property, when several heirs own a house together and cannot agree to keep, rent or sell it. It also shows up between business partners and relatives who bought together. The court may order a physical division, a buyout or a sale, and the costs of the case often come out of the proceeds. A number of states have adopted the Uniform Partition of Heirs Property Act, which applies to heirs property and adds notice, a court-ordered appraisal, a buyout right for the other co-owners and, if a sale is still needed, a court-supervised open-market sale instead of an auction. Rules vary by state; confirm with a local real estate attorney.
Source: uniformlaws.org
Read the guide
Ownership and court records · 8 min read
Partition Actions: When Co-Owners Are Forced to Sell
How a partition action works: division vs sale, heirs property rules, costs, co-owner buyouts, finding cases and reaching co-owners the right way.
Probate and estates · 8 min read
Inherited Property: How Heirs Sell and How Buyers Can Help
How inherited property passes with or without probate, the taxes heirs ask about, selling with several heirs, and how buyers find and approach heirs.
Ownership and court records · 13 min read
Court Records for Real Estate Investors: Cases That Point to Sellers
Court records for real estate investors: which civil cases signal a sale, where to search state, county and federal dockets, and how to read them.
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