Determining ownership of a property after the untimely passing of a loved one is a dreadful and grueling process, and it happens more than you’d think. More than 500 partition lawsuits are filed annually in North Carolina alone. Knowing when and how to file a partition lawsuit is essential to ensure you get what you deserve.
Knowing how partition actions work will arm you with the knowledge to take the proper steps toward real estate co-ownership. Hiring a partition attorney is an excellent first step, but it’s only the beginning of diving into the different types of partition lawsuits in the US.
Fortunately for you, you’ve discovered this practical guide to help you through the process of filing a partition lawsuit. Continue reading for more critical information about your case!
File a Petition
After hiring your partition attorney, the first thing to do is file a petition for the partition of the property. You’ll need to file the petition at the court nearest the property, and each co-owner must be named in the petition. A default notice is also sent to each co-owner to notify them of the partition lawsuit.
The next step when you file a partition lawsuit is the interlocutory judgment. The judge determines whether the plaintiff can partition the property. They also proceed with the interlocutory judgment.
This judgment helps to determine the interests in the property for each co-owner. It’s also the official order to partition the property with specific instructions for how to partition it. You can visit www.underwood.law for assistance with filing your lawsuit.
Appoint a Partition Referee
The court will also appoint a referee to handle the partitioning process. This official’s tasks include overseeing the process and ensuring the partition is fair for all parties. Each person involved with the real estate co-ownership pays to cover the legal fees required to hire a referee for the partition lawsuit.
It’s the most effective way to ensure that each co-owner has their interests looked after. You can eliminate many hard feelings and arguments with help from an official referee.
Find a Solution
No litigation is necessary if each party is willing to negotiate to find a solution. Your attorney will collect the partition lawsuit documents to move the process forward. They’ll attempt to negotiate an agreement outside of court that suits everyone’s needs.
The goal is to find an amicable solution that doesn’t require extensive time and court and high legal fees. Failing to reach an agreement results in the court determining how to partition the property.
File a Partition Lawsuit for Your Property
Learning the correct steps to take when you file a partition lawsuit will save you much stress and energy when you stand to inherit a property with other beneficiaries. Hiring a partition attorney is an excellent way to navigate the process and achieve the desired result. You’ll avoid extensive time in court while reaching a peaceful solution with the real estate co-ownership.
Are you facing partition issues with a property? Check out more of our blog content for legal advice and real estate tips today!