![]() |
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: Apollo real estate trust sells $9bn loan book to group’s insurer Financial Times District Attorney’s Office Combats Organized Real Estate Fraud in San Luis Obispo County slocounty.ca.gov AI use now the norm among real estate agents RealEstateNews.com Welcome to Real Estate Friday! theberkshireedge.com 5 Videos Every Real Estate Agent Should Make And Repurpose Inman Real Estate News McColly Real Estate hosts Performance Plus Breakfast 2026 greatnews.life Colliers, PACT Capital earn top real estate honors at Cen Cal Finance awards thebusinessjournal.com San Antonio entrepreneur agrees to plead guilty to huge real estate fraud, pay back $66M expressnews.com CPP Investments is breaking away from its old real estate playbook Private Equity Real Estate | PERE How this lakeside suburb became Maine’s hottest real estate market bangordailynews.com Babson’s TARCO Institute Names Inaugural Faculty Director · Babson Thought & Action - Babson College REAL ESTATE MARKET WATCH: 2025 Sales in Review theberkshireedge.com Berkshire region real estate sales – January 30, 2026 theberkshireedge.com Blackstone’s Private Equity and Real Estate Are Bouncing Back. Private Credit Is Fine, Too. Barron's Robert Horton joins Foss Real Estate Partners southfloridaagentmagazine.com SLO County was targeted by real estate fraud. DA to offer tools to dodge schemes - sanluisobispo.com Real Estate Essentials: Years Past abc4.com Local real estate market may find its footing heading into 2026 pleasantonweekly.com Inside West Palm Beach’s Luxury Real Estate Boom Robb Report So Pretty Much Everyone In Real Estate Is Using AI Now Inman Real Estate News North Fork house of the week and real estate transfers: Jan. 29, 2026 - suffolktimes.timesreview.com North Fork house of the week and real estate transfers: Jan. 29, 2026 suffolktimes.timesreview.com Real Estate Transactions: Jan. 30, 2026 recorder.com Howard Hanna Real Estate Services Expands into Philadelphia Market Howard Hanna Blog With EPS Growth And More, Axis Real Estate Investment Trust (KLSE:AXREIT) Makes An Interesting Case Yahoo Finance 34th Annual Real Estate Forum facebook.com The Housing Market Is Slumping—but Sales Over $10 Million Are Skyrocketing - The Wall Street Journal The Housing Market Is Slumping—but Sales Over $10 Million Are Skyrocketing The Wall Street Journal Real Estate Buyer’s is a Terrible Policy Idea newportthisweek.com The East End Real Estate Market Report: 4Q 2025 inhabit.corcoran.com Dallas Real Estate Insights From Susan Baldwin, One of Dallas' Most Trusted Luxury Realtors candysdirt.com Real estate market conditions show signs of a more robust 2026 yourobserver.com Housing market ‘stuck in neutral’ as rates, price growth flatten RealEstateNews.com DREAM Collaborative announces 2026 real estate bostonagentmagazine.com NYSTRS commits $475m across three real estate funds IPE Real Assets Richland County property transfers Jan. 16-23 mansfieldnewsjournal.com Questions About Today’s Real Estate? Ask Phyllis! crescentavalleyweekly.com These are Greater Philadelphia's fastest-growing banks by real estate lending The Business Journals Inside West Palm Beach’s Luxury Real Estate Boom Yahoo Finance Singapore Acquisitions shake up Boston real estate lending The Business Journals Tax Now, Bust Later: San Diego Supes Propose Real Estate Transfer Tax Increase from 0.11% to a Staggering 6.11% californiaglobe.com Luxury real estate vs Cape Cod's housing crisis: Can a fee on one help solve the other? capecodtimes.com Standardize client guidance for year-end retirement planning Thomson Reuters tax Law Firm Real Estate Report Law360 Businesses on the move in Marin, Napa, Solano, Sonoma and Mendocino counties: Jan. 29 report pressdemocrat.com Why international families invest in Manhattan real estate castle-avenue.com News | Rental growth and yield compression gathers pace across European commercial real estate CoStar ZAWYA-PRESSR: Ghanem Company launches fractional ownership of real estate in KSA under REGA Sandbox TradingView Saudi Arabia Reforms Real Estate Law to Enhance Foreign Investment and Ownership Latham & Watkins LLP Top residential real estate sales for Jan. 12-16 in Sarasota, Siesta Key, Palmer Ranch, Osprey, Nokomis yourobserver.com From Retail to Real Estate to Refi: The Saga of Saks northstarmonthly.com Real Estate: Houses for Rent Around Huntington huntingtonnow.com Financial Advisor Debunks TikTok 'Finfluencer' Advice Inman Real Estate News CRESTPOINT ACQUIRES LARGE PORTFOLIO ON BEHALF OF ITS CLOSED-END OPPORTUNISTIC REAL ESTATE STRATEGY Yahoo Finance REAL ESTATE | Live overlooking the 18th hole: A rare opportunity at Scenic View Golf Course | By Emmer Real Estate Group washingtoncountyinsider.com |
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 |