As a trusted partition attorney firm, we have a lot of experience working with parties that can’t agree on jointly owned real estate, or where questions apply to the ownership of the property.
A partition lawsuit is one part of the process of unraveling troublesome situations where real estate ownership is unclear, complicated, or distressingly collaborative to any extent. This is one of the more critical aspects of real estate law because ambiguity around ownership can be tough to resolve!
In a divorce scenario where the partition of real estate may apply, parties are often facing some amount of abstraction, ambiguity, and confusion. Judges may look at who was the breadwinner over a certain number of years, and who primarily contributed to mortgage payments. Any number of other financial details may also apply. Child support or custody or alimony may apply. It’s the role of an experienced partition attorney to know how to approach resolving joint ownership in this context.
Sometimes people feel like it’s a good idea to get involved in real estate with a partner or group of people. In many cases, this involves family members, while other scenarios involve friends or acquaintances (or even relative strangers) becoming business partners and establishing LLCs or other structures to acquire real estate.
Partition attorneys are well aware of the perils of these kinds of situations because it falls on them to help resolve ownership issues after they happen. People who get involved in messy real estate situations start to understand the value of a clean title or deed to a property. A partition lawsuit can take time and require a lot of resources.
Many petition attorneys would tell you that far and away, the most common type of partition lawsuit involves joint rights of survivorship.
Some of these attorneys would say, with some wry humor, that “ownership plus time equals partition” – another way to put that is that any real estate issues not resolved when an owner dies can become abstracted joint rights of survivorship scenarios.
Many families have seen this happen firsthand. A couple dies, and their real estate goes to their children who own it jointly. Then one of the children dies years later, and property ownership still hasn’t been resolved or changed – often because it’s just too much work for the parties involved. This gets very complicated, very quickly.
Talk to Arcstone Law about what you are facing with a jointly owned property. We can show you how to unravel one of these joint rights of survivorship scenarios or other partition situations. We have the right experience in this challenging practice area – and the dedication to get it done.