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Real Estate Disputes And Partition
What if two people pooled their resources and began investing in real estate. Like many partnerships things progress smoothly for a while and then a dispute arises. Now they seldom can stand to talk to one another and then only through clenched teeth. A sad story, but one that is not uncommon. What if they have an undivided interest in a fourplex. They want to end their investing enterprise, but they can't agree on the disposition of the property? An action for partition may be the only solution. That means one of the investors turns to the court to decided how and when the interest in the property will be divided. In a partition action the owner or claimant of real property or any interest in the property may compel a partition (division) of the property between him and other owners. It may vary from state to state, but in Arizona the partition complaint is filed in the superior court of the county in which the property is situated. The court will hold a hearing to "determine the share of interest in the property sought to be divided of each of the owners or claimants, and all questions affecting the title..." In other words... when those who have an undivided interest in a property can't agree on disposal the court can do it for them. Here's another example of partition in action: If an ex-wife or ex-husband refuses to sell their home or deed their interest to the other (and the real estate is not mentioned in the divorce decree) the only way the home can be sold is through a partition action. When a husband and wife buy a home together, they own it as "tenants by the entirety". Upon the death of one spouse, the surviving spouse automatically becomes sole owner of the property. This is known as the "right of survivorship". When there is a divorce, the tenancy by the entirety is dissolved into a "tenancy-in-common", whereby each spouse has a one-half interest in the property without the right of survivorship. The tenancy-in-common differs from the "joint tenancy", which is common ownership with the right of survivorship. Generally, tenants-in-common and joint tenants "in possession of real property" have the right to partition of the property. But if the separation agreement or divorce decree grants exclusive possession of the home to the wife, the husband usually is denied his right to partition. In a partition action, real estate is either divided into distinct portions or sold at a public auction and the proceeds distributed among the co-owners (if it is not possible to divide the property). Sometimes there is an opportunity for an investor in such a situation. If you are a cash buyer you may be able to negotiate separately with each party and buy the property. If not you can suggest partition and try to buy at the public auction. Another opportunity comes when the two parties receive their share of the proceeds from the auction. You might be able to sell or rent them one of your homes. Mark Walters is an investor-entrepreneur helping other investors from his Web pages at http://www.Lease-Option-Sub2.com
MORE RESOURCES: Real estate transactions — April 10-16 SteamboatToday.com Real estate is facing the worst fair housing crisis since the ‘60s Real Estate News by RealEstateNews.com Real Estate Transfers ~ April 3, 2025 The Bedford Citizen Norwalk's 2024 grand list drops to $16.2B, led by $1.3B decline in real estate values - Norwalk Hour Prince Harry and Meghan Markle Have Made Some WILD Real Estate Moves in the Past 8 Years House Beautiful Seeking Alpha Quant picks in the S&P 500 real estate sector heading into earnings (XLRE:NYSEARCA) Seeking Alpha Former executive sues Pat Connaughton's real estate company Milwaukee Journal Sentinel Real Estate Investing: 5 Ways to Get Started NerdWallet Real Estate Market Report (Feb./March) highlandscurrent.org Agent Spotlight: Jim Smyth The Grand Junction Daily Sentinel The Michael Houck Real Estate Guide for April 20 Oil City News Vendor & Real Estate Partners Dollar Tree How the Pandemic Changed New York City Real Estate Behind The Hedges Mandatory NAR membership facing a new legal challenge Real Estate News by RealEstateNews.com Brokerage Beat: News from Compass, eXp, The Agency, more Real Estate News by RealEstateNews.com Beyond the Boardroom: LIVE Real Estate Group's Dionne Clifton The News-Gazette Many first-time homebuyers are pushing 40 as millennials wait in vain for a better market - NBC News Accused Houston real estate fraudster connected to dozens of stolen properties caught attempting new deed filing Click2Houston Zillow just started an all-out war over real estate listings Business Insider Houston real estate lawsuit: Harris County suing couple in forgery case and theft of 35 properties ABC13 Houston The Hollywood Reporter Celebrates the Big Apple’s Top Real Estate Agents at New York Power Broker Awards The Hollywood Reporter Portland homebuyers rush into combative spring market OregonLive.com Tucson, Ariz.: Western Skies and Competitive Home Prices The New York Times Who’s Buying What in the Big Apple? Ask NYC’s Top Realtors The Hollywood Reporter Mumbai’s Rush to Rebuild Comes With a Warning Bloomberg.com New NAR Executive Will Drive Innovation in Real Estate Education - National Association of REALTORS® New NAR Executive Will Drive Innovation in Real Estate Education National Association of REALTORS® Real estate options slim for Grove City dispensaries The Columbus Dispatch See how much real estate prices have changed in Petaluma last week The Press Democrat Trump Official Scrutinizes N.Y.’s Attorney General Over Real Estate The New York Times Housing Market Crash Alert? Zillow Turns Negative on Home Prices Norada Real Estate Investments Trump’s latest crypto venture will be a video game, and sources say it will be like Monopoly Fortune Q1 Estin Report for Aspen Snowmass real estate shows growth AspenTimes.com Sandwich house on market in 'awesome location' for $680,000 Cape Cod Times Real estate Sales include business buildings in Westfield, Jamestown observertoday.com Dodge County Real Estate Transfers Fremont Tribune Page C13 Post and Courier Page C12 Post and Courier Page C10 Post and Courier Real estate sales in Peoria, Tazewell and Woodford counties for April 19, 2025 - Peoria Journal Star Real estate sales in Peoria, Tazewell and Woodford counties for April 19, 2025 Peoria Journal Star Licking County real estate transfers for March 31 to April 4 reach $2 million in Granville The Newark Advocate $20M Coldwell Banker real estate calls class action settlement Class Action Lawsuits Real Estate Notes: Rutledge Hill hotel to open July 1 Nashville Post Historic flooding locally impacts commercial real estate market The News-Enterprise MLS that quit enforcing Clear Cooperation gets back on board Real Estate News by RealEstateNews.com Phoenix land on Camelback Mountain with Frank Lloyd Wright-inspired home for sale for $30M The Arizona Republic Imran Chaudhary, leading the real estate project in East Plano, says his planned Islamic Center is misrepresented by politicians IslanderNews.com House of Week: With its indoor heated pool, this Marcellus property is ‘like a vacation’ Syracuse.com Post-hurricane real estate market hard to pin down Your Observer Stafford County supervisors vote to increase real-estate tax rate by 3 cents Fredericksburg Free Press Main Line home with 3 golf holes on former Penshurt Estate asks $2.3M The Business Journals Battle Of The Listing Sites. Zillow Bans Pocket Listings, While Homes.com Welcomes Them Yahoo Finance Berkshire County Real Estate Transactions for March 31-April 4 The Berkshire Eagle Buc-ee's travel center may mean more residential, commercial development in St. Lucie County Treasure Coast News Richland County property transfers recorded April 7-11 Mansfield News Journal Real estate mogul Mattson turns to 5th Amendment as bankruptcy cases heat up The Press Democrat Kohl’s real estate head joins CBRE’s retail group Chain Store Age How Eliminating Property Taxes Could Impact Florida Homeowners U.S. News Real Estate CoStar CEO takes on Zillow in letter to agents Real Estate News by RealEstateNews.com The Mountain city where thousands are selling their million-dollar homes amid 'cloud of uncertainty' Daily Mail Real estate news: 2-tower office campus in Newport Beach sells at a loss for $33M Orange County Register Westmoreland County Real Estate Transfers The Latrobe Bulletin Lisbon commercial real estate gains momentum The Portugal News Penn owns over $3 billion in University City real estate, DP analysis finds The Daily Pennsylvanian $2.1 Million Homes in Muskoka, Ontario The New York Times Housing Market Predictions for 2025 Ramsey Solutions |
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