![]() |
Real Estate Information |
|
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: The Urban Real Estate Reversal of the 2020s Bloomberg.com Austin real estate veteran launches new firm The Business Journals New York real estate firms raising big bet on Loop offices Crain's Chicago Business Lab spaces were the hottest commercial real estate bet. Now, landlords are facing headwinds from DC and Silicon Valley. businessinsider.com City’s real estate moves spark debate over growth and cost The Owensboro Times The ‘Silver Tsunami’ in Real Estate Is Here | Florida Realtors Record Attendance Marks the Sixth Washington and Lee Real Estate Forum Washington and Lee University Property Management Software That Makes Life Easier for Landlords, Real Estate Professionals National Association of REALTORS® CoStar beats revenue forecast, eyes ‘new value opportunities’ RealEstateNews.com For These Real Estate Agents, Rags Became Riches The New York Times Real Estate Transactions | Oct. 13-17, 2025 Republic-Times New Withholding Requirements for Non-Resident Sellers of Massachusetts Real Estate The National Law Review Alexandria Real Estate Equities (ARE): Projected Earnings Rebound Tests Bullish Turnaround Narrative Yahoo Finance Real Estate: Alumacraft property sells to apparel maker Arkadelphian.com Real estate firm banking on concrete houses to help solve affordability crisis in Northeast Ohio News 5 Cleveland WEWS Former teacher turned real estate agent blends creativity, communication in approach to role SiouxFalls.Business September 2025 Commercial Real Estate Market Insights National Association of REALTORS® Amazon layoff announcement affecting real estate market KIRO 7 News Seattle Alexandria Real Estate Equities (ARE) Q3 Earnings: Taking a Look at Key Metrics Versus Estimates Yahoo Finance Frost Brown Todd Deepens Commercial Finance and Real Estate Capabilities with Addition of Beth Freemal as Partner Frost Brown Todd FinCEN Residential Real Estate Reporting Delayed | Florida Realtors Real estate has a leadership problem, not a people problem Inman Real Estate News Jobs, jobs, jobs at Emmer Real Estate Group – Inside Sales Agent Washington County Insider When giants buy giants: How acquiring top rival changed Zillow RealEstateNews.com PA-based company announces plans to be the 'landlord' for the Petersburg casino resort The Progress Index The Jockers Real Estate Team opens new office in Spring Houston Agent Magazine Is Las Vegas in a buyer’s or seller’s real estate market? Las Vegas Review-Journal How Could Newmark Group's (NMRK) India Expansion Shape Its Global Real Estate Ambitions? Yahoo Finance Alexandria Real Estate reduces AFFO guidance after Q3 earnings fall short (ARE:NYSE) - Seeking Alpha Chainlink (LINK) News: Price Steady Amid Balcony's $240B Real Estate Tokenization Integration CoinDesk This Valley suburb contains the most expensive ZIP code in Arizona Phoenix New Times NASCAR Legend Robby Gordon's 'One of a Kind' Lake Norman Estate Zooms Onto the Market for $3.4 Million Realtor.com Tillamook County Propery for Sale Decker Real Estate Tillamook Headlight-Herald Alexandria Real Estate Equities Inc. stock underperforms Tuesday when compared to competitors MarketWatch Karlin Real Estate buys apartment buildings in Austin and Dallas The Business Journals Alexandria Real Estate Equities (NYSE:ARE) Sets New 52-Week Low After Analyst Downgrade - MarketBeat Global Exposure The Oppenheim Group Real Estate - 13 creepy, spooky, and frightening spirits and monsters haunting agents in 2025 Inman Real Estate News Beyond Downtown: Wheaton, IL’s Balanced Lifestyle Highlighted by Real Estate Expert Lance Kammes in HelloNation GlobeNewswire Vend Q3 2025: Real Estate Revenues Up 9% As Classifieds And Transactions Accelerate onlinemarketplaces.com SmartCentres Real Estate Investment Trust (OTCMKTS:CWYUF) Shares Down 0.2% - Should You Sell? MarketBeat Disruptor Reckoning: How a New Wave of Innovators Are Trying to Rewrite Real Estate’s Rules RISMedia Ares partners for Poland real estate, Blue Owl expands into IOS lending Alternatives Watch Arlington commercial real estate tops N. Va. for cost in some areas, despite high vacancy rate ARLnow Interest Rate Predictions for October 29, 2025: Fed Rate Cut Odds Soar to 99% Norada Real Estate Investments Radio Real Estate 10/25/25 My Bellingham Now Real Estate Expert Tony Gioia of Torrington, CT, Announced as “Mr. Torrington” for HelloNation Yahoo Finance Real estate's AI reality check: 90% of companies piloting, only 5% achieved all AI goals PR Newswire South Florida's billionaire real estate executives are collectively worth $51 billion (Photos) The Business Journals IRG: Cayman Islands Real Estate Sales Volume Sees Gains in Q3 Caribbean Journal THE OPPENHEIM GROUP The Oppenheim Group Real Estate - Just Sold: Ridgeview pays $6.9M for Anoka apartments Finance & Commerce |
RELATED ARTICLES
Sellers, Are You Having A Hard Time Selling Your Home? Sue and Chuck DeFiore have the perfect solution for you - Lease Purchasing your home!What is Lease Purchasing?A Lease Purchase is a process that combines a basic rental lease with an agreement to purchase, or with an option to purchase the property. The Buyer (or Lease-Purchaser) pays to the seller a monthly payment that usually approximates a rental amount or a typical mortgage payment on the home. Real Estate Investing Is A Better Gamble Than The Lottery Real estate investing begins when you move to the starting point.Get ready. How Professional Property Investors Interpret and Use Capital Growth Statistics Understanding and using yearly price growth statistics in an area of interest is critical to making successful property investments decisions.Property price growth is usually expressed in terms of a percentage i. How Real Estate Investors Use Mortgage Note To Purchase Properties Many of you may not be aware of the various ways notes can be used. The average person's understanding about notes is that people create them because they are desperate to sell a property. Real Estate Development Marketing A Specialist Article For Those Interested In Real Estate Development From the desk of Colm Dillon .. 10 "No Money Down" Ways to Buy Real Estate Turn the Television on any Sunday morning and you'll find yourself in the middle of a "how to buy real estate" infomercial. Can you really buy a house with no down payment? Can you really make thousands or millions of dollars buying real estate. What Is a CMA "CMA" is an abbreviation real estate agents use for a Comparative Market Analysis. A CMA gives an estimated sale price for a property given current market conditions. Real Estate: Buyers Agent, Sellers Agent & Dual Agent (defined and explained) There is a relatively new and not always well understood practice in Real Estate sales; it is called Buyer Agency or Buyer's Agent. Until recently Realtors and agents usually represented the seller, in opposition to the buyer, during the real estate transaction. Jacksonville Real Estate Listings With over 30,000 residents, Jacksonville in central Arkansas is a thriving city that offers many opportunities for both longtime residents and newcomers alike. About 20 miles from the state capital of Little Rock, the city is expanding in many ways. 10 Tips for Investing in Distressed or Foreclosed Properties 1. Search on the world wide web for distressed or foreclosed properties as a starting point. Is 100% Annual Return On Investments Possible With Low Risk Land Investments? In last week's article, we discussed how substantial profits could be made by investing where baby boomers may want to relocate or buy a second home. This seemed to confuse readers since they were thinking that our web site is about preconstruction and preconstruction to them means buying condos?? In this article, I hope to broaden your horizons considerably. Negative Gearing - It's Not to Your Benefit! The concept of negative gearing has been originally developed to encourage real estate investment in Australia by allowing any income losses from property investment to be deductible from other income as a tax benefit. This means that the taxable income of the owner will be reduced after the deduction and therefore the total tax payable is also reduced. Property Investing Secrets 7 Property Investing Secrets:How Buying Real Estate Is Like Planning a Trip to the Greek IslandsOne you start property investing, one important tip is to press the flesh with the real estate agents in the areas where you plan to buy. Because property investing is a bit like buying a holiday package, you must separate yourself from the rest of the investors by giving the real estate agents the information they are looking for in your first face to face meeting. Home Staging: How to Make Your Tract Home Stand Out in the Crowd Home sellers who wish to market their property in development neighborhoods face tough challenges. All the houses look similar. You Have 15 Seconds to Sell Your Home! 11 Steps You Can Take to Sell Your Home for Top Dollar Selling your home? Here are some suggestions to help you sell yours for more than your next door neighbor's, and faster! Most buyers will know within 15 SECONDS after crossing the threshold if they want your home. But first, you need to attract them inside!11 steps to take to sell your home for top dollar1. How to Research and Purchase a Good Investment Property How much do you really know about investment property? Accurate research and professional expertise applied to the purchase of an investment property builds a solid foundation for financial success. You may want to work with a REALTOR who can help to identify the great opportunities in investment properties in the area of your choice. Purchase Online Tenancy Agreements Buy an on-line Tenancy Agreement now. As a landlord and also as a tenant it is important that there is a comprehensive tenancy agreement in place to protect both parties. Grab Quick Profits As Real Estate Prices Soar Real estate values rise and fall in cycles. Currentlyhome prices are nearing a top in many areas. Get Rich With Mobile Homes Does the myth that mobile homes depreciate in value keep you from investing in them? Well, they do lose value in a park, on a rented lot. Mobile homes with real estate, however, are an entirely different investment. Buying a Home in Westminster The city of Westminster is centrally located in the Denver metropolitan area. Its easy access to amenities in both Denver and Boulder really coax investors into buying a home in Westminster. |
| home | site map |
| © 2006 TIGER MEDIA |