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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: ‘Given up’: Property giant’s verdict on Aussies news.com.au Boathouses Go Next Level at These Five Mansions Mansion Global Sonoma County real estate market turns turbulent, though 7 areas show improved year-to-year sales prices The Santa Rosa Press Democrat Homes for Sale in New York and New Jersey The New York Times Erie County real estate transactions Buffalo News Downtown Knoxville IRS offices included on list of possible federal real estate spending cuts WBIR.com The Great American Insurance Retreat: Climate Change, Uninsurable Homes, & The Future Of Real Estate CleanTechnica Trade Alert: Independent Director Of Apollo Commercial Real Estate Finance Carmencita N. Whonder Has Sold Stock Simply Wall St REAL ESTATE | VIDEO | Perfect country property in Dodge County | By Wendy Wendorf - Homestead Realty washingtoncountyinsider.com Central Mass. real estate transfers, Sunday, March 9 Worcester Telegram U.S. Government Hits Pause on Massive Commercial Real-Estate Sale The Wall Street Journal Macomb County real estate transfers recorded Sept. 30-Oct. 4, 2024 The Macomb Daily An investor's 3-part 'build-to-rent' strategy is making him $330 a month per unit. It has him on track to retire early. Business Insider Crain’s Cleveland hires Smith to cover residential real estate Talking Biz News DOGE claims $13.6 million in real estate savings in Alaska Alaska's News Source How Nigerian leaders spent millions on SC real estate amid US retreat from dirty money fight The Post and Courier Vendor & Real Estate Partners Dollar Tree, Inc. Real Estate Property Transfers Spring Hill for Feb. 3, 2025 Williamson Source Exclusive | Blackstone Raises Largest Commercial Property Debt Fund With $8 Billion Haul The Wall Street Journal In Good Company: Discover Brooklyn’s Real Estate Gems with MM&Co. (sponsored) Brooklyn Bridge Parents Berkshire region real estate sales – March 7, 2025 theberkshireedge.com Trouble Signs For Real Estate Market In Palm Beach County BocaNewsNow.com America Builds: Making Federal Real Estate Work for the Taxpayer The House Committee on Transportation and Infrastructure The Michael Houck Real Estate Guide for March 9 Oil City News Godfrey - Home for sale RiverBender.com China’s real estate market keeps stabilizing as government policy support boosts confidence: Minister Global Times Palm Beach house sells near Trump's Mar-a-Lago, marks fourth sale there since mid-December USA TODAY DOGE claims $17 million saved in federal real estate terminations in Georgia. Here's where Online Athens AI will change real estate more than the disruption that made Amazon a property powerhouse - Fortune Suburban cities, developers eye office space but high-rise downtowns outside Austin still years away The Business Journals Charming Southern metro nicknamed the 'Scenic City' sees housing boom in state with NO income tax Daily Mail This CT metro area has the 'hottest' real estate market in U.S., according to realtor website CT Insider Pushback in eXp, Weichert settlements called ‘self-serving’ Real Estate News Inside Saratoga's largest mansion, now listed for $24.9M The Business Journals Smartleaf Asset Management LLC Buys 479 Shares of Fidelity MSCI Real Estate Index ETF (NYSEARCA:FREL) Defense World Healthcare Commercial Real Estate Finance Veteran Amy Heller Joins Meridian Capital Group Business Wire Tariffs are a ‘key part’ of Trump’s strategy to ‘level the playing field’: Real estate broker Fox News DOGE cuts 13 real estate contracts, federal offices in Mississippi. 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Foster's Daily Democrat Real Estate Stocks To Keep An Eye On – March 7th Defense World Chetrit family faces a reckoning after decades of success in NY real estate Crain's New York Business Apollo Commercial Real Estate Finance (NYSE:ARI) vs. Arbor Realty Trust (NYSE:ABR) Head to Head Survey Defense World Red Bank's Denholtz has created a $2B real estate empire; now they want to get bigger Asbury Park Press Chattanooga housing market heats up in Tennessee Fox Business UW and NFL great Lawyer Milloy lists Woodinville estate for $7.8 million seattlerefined.com Real estate sales in Peoria, Tazewell and Woodford counties for March 8, 2025 Peoria Journal Star Real Estate Newsletter Articles this Week: Property Insurance Costs Rose at a Record Rate in 2024 Calculated Risk County Official Sees Growing Strength in Real Estate Franklin Observer What were the 5 most expensive homes sold in Petaluma last week? The Santa Rosa Press Democrat ‘Extremely pissed off’: LeFever Mattson investors wonder why troubled real estate moguls have escaped accountability The Santa Rosa Press Democrat A couple making $28,000 a year in passive income from real estate used an out-of-the-box approach to buy their first rental Business Insider REAL ESTATE | 92+ acres of farmland in Rubicon, Wi | By Jim Emmer – Emmer Real Estate washingtoncountyinsider.com Up to the Minute Greenwich Property Transfers, February 24-28, 2025 Greenwich Free Press Is a 6.5% Mortgage Rate the 'Magic Number' to Turn the Local Real Estate Market Around This Spring? TAPinto.net Raymond James Has Lowered Expectations for Minto Apartment Real Estate Invt Trust (TSE:MI.UN) Stock Price Defense World Gambling on Las Vegas? Sin City Housing Market Softens as It Suffers Affordability Crisis Realtor.com News National Bankshares Has Lowered Expectations for Minto Apartment Real Estate Invt Trust (TSE:MI.UN) Stock Price Defense World Here are recent property transfers up to $1.4 million St. Albans Messenger Indoor pools, fish ponds: Inside the most expensive Central Jersey homes sold in February My Central Jersey A 1670s MA home tied to Salem Witch trials is for sale. Here's a look at the real estate Wicked Local Carver |
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