![]() | |
![]() | |
![]() |
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: Americans believe real estate, gold are the best long-term investments. They're wrong, advisors say CNBC Rennie lays off 31 employees from real estate firm, cites ‘changing market’ Business in Vancouver Don’t Trust Your Landlord? Here’s How You Can Find More Information. The New York Times A 24-year-old learned about real estate investing on TikTok. Now he plans to convert a $2 million motel into apartments. Business Insider Here’s a snapshot of the area commercial real estate market in April Baton Rouge Business Report Private real estate sees ‘bifurcation’ in compensation growth Private Equity Real Estate | PERE Senior Living More Tariff-Resistant Than Other Real Estate, Immigration Remains Big Issue Senior Housing News OT Real Estate Spotlight of the Week: 4295 Saddlebrooke Trail The Owensboro Times Homes for Sale in New York and New Jersey The New York Times Montgomery County and MCB Real Estate Partner on First-Ever Tax Increment Funding to Support $2.8 Billion Investment in East County Montgomery County (.gov) Who's buying up Quincy real estate? What one buyer has spent $78 million in last 5 years The Patriot Ledger European real estate somewhat shielded from tariff chaos Institutional Real Estate, Inc. Real estate’s winners and losers of the state budget The Real Deal Real estate sales in Peoria, Tazewell and Woodford counties for May 10, 2025 Peoria Journal Star Bray Real Estate releases its April 2025 numbers KKCO 11 News Athens Riviera Set To Lead Europe’s Prime Real Estate Boom With Ultra-Luxury Demand In 2025 Travel And Tour World Grant Cardone Shares The 4 Greatest Opportunities For Real Estate Investors: 'Lower Rates Coming' Yahoo Finance Trump’s Migrant Crackdown Adds to Miami’s Real Estate Woes Insurance Journal Westmoreland County Real Estate Transfers The Latrobe Bulletin Homes.com aims to one-up Zillow with listings ‘boost’ Real Estate News by RealEstateNews.com Sherley Real Estate, LLC - Ad from 2025-05-10 The Independent Record EG Real Estate: 7 New Listings & 5 Sold East Greenwich News Here are businesses on the move in Marin, Sonoma, Napa and Mendocino counties The North Bay Business Journal llinois bill looks to enshrine Clear Cooperation in state law housingwire.com Global Surge in Data Infrastructure Demand Reshapes Real Estate Landscape, Cushman & Wakefield Reports Boston Real Estate Times Property transfers: Marion County sales range from $4K to $595K The Marion Star What’s next for StepStone after its record real estate fundraise? Secondaries Investor Tributes – part III: Giving credit where credit is due Institutional Real Estate, Inc. Turbulent times: A mixed picture in European real estate reveals signs of a changing market Institutional Real Estate, Inc. ‘Wildly Inappropriate Behavior’: Real Estate Group Is Accused of Cover-ups The New York Times How’s the Market? AI and real estate The Ukiah Daily Journal People: Mark Nowaczewski, Sakara Ferebee join Street Commercial Real Estate Northern Nevada Business Weekly Thriving in change: The value of a Realtor and top association Real Estate News by RealEstateNews.com JLL announces senior leadership appointments Boston Real Estate Times TIM SCOTT REAL ESTATE - 82410 Caledonian Record When markets speak louder than politics: Real estate in an uncertain economy Rochester Business Journal NextGen Realty Opens Worcester Office to Meet Growing Demand for Central Massachusetts Housing Boston Real Estate Times Real Estate Transactions: Friday, May 9, 2025 Daily Camera Alexander Brothers Face More Sex Crimes, Including Against Underage Girl The New York Times Number crunching: How have top-down and bottom-up allocation strategies influenced real estate investment and performance during the past 40-odd years? Institutional Real Estate, Inc. Boston real estate firm expands into Worcester, opens Downtown office Worcester Business Journal Israeli veteran's Cincinnati real estate empire collapses amid fraud allegations - WCPO 9 Cincinnati Form 253G2 Roots Real Estate Invest StreetInsider AIM Media Texas Plans to Sell Real Estate Property to UTRGV Texas Border Business Gold tops stocks as second-favorite long-term investment, real estate still no. 1 - Gallup poll Seeking Alpha Sprinkman Real Estate Announces Expansion to Meet Rising Demand in Madison Housing Market openPR.com Shelter Island Reporter Real Estate Transfers: May 9, 2025 Shelter Island Reporter Suspect in Houston-area real estate agent's Downtown Dallas killing denied bond reduction FOX 4 News Dallas-Fort Worth Southside regional real estate forum showcased highlights and challenges of growth Chatham Star-Tribune See how the real estate market fared in New Caney, Porter in April Community Impact Residential urban inventories rise 22% in Jackson County, real estate data show - Rogue Valley Times Welcome to Real Estate Friday! The Berkshire Edge 2 Northwest Arkansas commercial real estate companies merge Talk Business & Politics Real estate transfers: 5/7 Toledo Blade LOCAL REAL ESTATE TODAY 5.9.25 KQEN News Radio A real-estate giant wants sellers to list their homes privately. Will homeowners benefit? MarketWatch Pope Leo XIV’s boyhood home in Dolton was on the market until Thursday. What comes next for the house remains to be seen. Chicago Tribune Real estate news: Beckman Coulter campus in Brea up for sale ‘as-is’ Orange County Register JOE R. PYLE COMPLETE AUCTION & REALTY SERVICE Bluefield Daily Telegraph Norway’s sovereign wealth fund appoints Knapp as global real estate head Private Equity Real Estate | PERE |
![]() |
![]() |
![]() |
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 |