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