QUESTION

What steps to I need to take to file a partition action for a home owned jointly?

Asked on Aug 16th, 2012 on Real Estate - Wisconsin
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Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
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A partition action is typically one to force a sale where more than one person owns the realty and less than all owners are agreeable to a voluntary sale.   The first thing to do is to confer with a competent real estate attorney in the vicinity of the real estate.  He will examine title to the property to confirm ownership status and then prepare a petition to be filed in court setting out the basic facts -- that all owners are not agreeable to a sale and the house/lot cannot feasibly be partitioned between/among the joint owners.  The court will then set the matter for a hearing. Sometimes the filing of such a petition will result in a settlement of how the property can be disposed of.
Answered on Aug 18th, 2012 at 3:40 PM

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