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If a co-owner of a property files a partition action to for sales of a property, which is a piece of land in Delaware, who is responsible for pay the costs associated with the partition action?
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In most cases, each party pays his or her own costs unless there is some fee shifting provision in the law. The party filing the action would pay for his or her own lawyer, and any one objecting to the partion would pay for their own lawyer. If you anticipate no objections, andthe partion is desired by both parties, an agreement can be made to split the fees involved.
Answered on Jun 03rd, 2016 at 6:00 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship