QUESTION

If I begin a partition process, how long would it take and how much would it cost?

Asked on Jun 10th, 2013 on Landlord and Tenant Law - Idaho
More details to this question:
I own a condo with two of my sisters. Both of whom are very difficult to deal with. However, they refuse to buy me out.
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5 ANSWERS

You are entitled to partition. The amount that it would cost and the time would depend on what the response is from your sisters. There would either have to be a buyout of the interests or the property would have to be sold. Since it seems that a buyout would not be possible then the property would have to be appraised and the court force the sale.
Answered on Jun 11th, 2013 at 11:48 AM

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Arts Attorney serving Berkley, MI at Neil J. Lehto
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A single condominium cannot be partitioned but it might be ordered sold. If the property is held as joint tenants with full rights of survivorship, however, it cannot be ordered sold - although the judge may excerpt considerable pressure on you and your sisters, depending on who lives there, who is paying, etc. Otherwise, a judge could order the property sold. It will likely be much more costly if the judge has to order sale than if you and your sisters agree to sell. It would likely take several months in most courts.
Answered on Jun 11th, 2013 at 3:43 AM

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Litigation Attorney serving Bakersfield, CA at Dessy & Dessy
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The length of time required to resolve a partition action depends in part on whether a settlement can be negotiated, and in part on how far out The courts in your county are scheduling trial dates. However, it is important to keep in mind that within 2 to 3 months of serving all parties to the action, you can obtain an interlocutory judgment by way of a motion, confirming your right to liquidate co-ownership interests, which can appoint a listing agent for the sale of the property, authorize the sale at a predetermined price, appoint a receiver to manage the property pending sale, and result in the issuance of temporary orders as needed to facilitate the sale. The final judgment in the partition action will then address any appropriate equitable adjustments relative to the disbursement of the sale proceeds, absent an agreement between the parties. Often, you can find a real estate broker who will act as a receiver without any additional charge, in exchange for the listing agreement. At the outset, when the partition action is started, you should also obtain a litigation guarantee from a title company to determine the identity of all persons and entities with any interest of record in the subject property, as you are required to name them as defendants in the lawsuit, as well as an appraisal of the value of the property and the rental value of property.
Answered on Jun 11th, 2013 at 3:43 AM

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Business Law Attorney serving Livonia, MI at Gerald A. Bagazinski
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Before you begin the process, an important fact is to determine how the property is titled. If it is Joint Tenants with Rights of Survivorship it is next to impossible to partition in Michigan. You may have other remedies which might force a sale. The costs of partition are based upon an hourly rate. The attorney fees to obtain a default judgment would cost about $2,500 plus costs.
Answered on Jun 10th, 2013 at 12:29 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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It is doubtful you will be able to partition a condo. My guess is that the court will force you to sell the property and split the profit.
Answered on Jun 10th, 2013 at 12:28 PM

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