You're probably right that you'll need a partition. Partition actions have three parts: 1) determining the right to partition; 2) the method of partition and 3) dividing up the proceeds equitably.
Usually steps 1 and 2 are not controversial. The property is either placed on the market for sale or one owner purchases it from the other. The real arguments are usually on how to divide up the proceeds. Invariably, each party thinks they are entitled to over 50% of the proceeds because they've paid bills for the property or someone has lived there without paying rent, etc.
I suggest to my clients to not lose sight of the forest for the trees. You want to get out of the property -- that's the main goal. Dividing the proceeds, if any, is secondary. Rare is the case where its worth spending money on attorneys and other litigation costs over the division of the proceeds. You should be willing to "give" on that issue, even if you have to hold your nose while doing so.
I generally start these off by sending the opposing party a copy of the partition action that I intend to file unless they agree to a specific plan of action by a date certain. If the response is unsatisfactory (or non-existent) I file away and put it in the hands of the court. Litigation brings deadlines and progress, although with the courts, its usually too slow.
Good luck!
Answered on Nov 12th, 2014 at 11:09 AM