Call Kirk Sanders at 336-723-7200 to discuss your NC. In North Carolina, an equitable distribution proceeding can determine how the real estate will be divided, if spouses cant agree. The cost for a partition action is going to depend upon whether or not she opposes the partition action by filing an answer to complaint, or whether you can proceed by way of default. Copyright King Law 2023 All Rights Reserved. . Once the petition is filed, the other party will receive written notice of the proceeding. A partition action "splits the baby" when the owners cannot agree. NC General Statutes - Chapter 46 2 46-12: Recodified as G.S. The right to seek the advice of any attorney and free service might be available through Legal Aid or others, and 2. For a petition to partition other real property, the commissioners have 20 days to divide the property as equally as possible. Joint property ownership issues can be frustrating and may cause bad blood; fortunately a petition to partition property is available if your dream property turns into a nightmare. North Carolina Land Broker Eric Andrews discusses a common misconception that some buyers agents have about agents selling land. 46A-20. land court forms. A Partition proceeding is a lawsuit filed by a joint tenant or tenant in common owner of property to force the division or sale of real property. However, in order for this to occur one of the parties must file a petition for equitable distribution with the court before the divorce is final. However, it is common for disputes to arise over jointly owned property. The commissioners will then facilitate either partition in kind or have the property appraised and sold through judicial/forced sale partition. Submitted by kirksanderslaw on Fri, 04/29/2022 - 11:33am. There are also additional disputes as to who is allotted how much of the sale or division of the land. 46A-52 by Session Laws 2020-23, s. 2(p), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date. The court favors partition in kind to split the property equally between the cotenants. (336) 293-9000
The lawsuit is brought as a Special Proceeding in the Superior Court division of the county in which the land sits. This means that each owner gets an equitable share of the land. What Can it do. The clerk ordered the partition by sale and appointed a commissioner who then sold the property. Road access, soil quality, elevation, and irrigation levels all effect the value. Often, issues arise between joint owners of property over how to use the property, who pays the taxes, who pays for repairs or a new roof on the property, or whether to sell the property. Business litigation and partnership disputes happen all the time and the remedy is a partition action that occurs in a court of law. If youve bought land in a rural area, chances are youll need land clearing services. 2(c), 3.) An owner may terminate joint ownership in property without consent of the other property owner by filing a petition to partition real property. If practicable, the commissioners will divide the land into as close to equal plots according to land value as possible and distribute it to the parties in proportion to their investment in and rights to the property. Petition for Alcoholic Beverage (ABC) Election, Petition for Recognition as Political Party, Political Party Endorsement for President. This is crucial since the county board of elections for the affected county or counties will have to verify the signatures. A hearing is held before the Clerk of Court to divide the proceeds. There can also be partitions of personal property (think: Yachts). (2009-362, s. 3; 2020-23, ss. dT[f_B'+9)x_2Dy{i*b\FfwHbzY}_?-XQwiZjI^. One or both of the parties can file what is called a petition to partition to ask the court to divide the property equitably. Winston-Salem:
Familiarize yourself with the laws governing the specific type of petition you want to create. If the court rules your favor as a plaintiff, the commissioners will have 20 days to partition and share the property. Who Will be a Party to the Petition to Partition? (Photocopies of signed forms are not accepted by county or state elections offices. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Attorneys at Rice Law, PLLC offer quality, personalized service focusing on what's important to the clientfamily, assets, fairness, honesty, and respect. Fayetteville, NC 28311, Attorney Responsible for content: H. Terry Hutchens |, BB&T V. Peacock Farms: What This Means for the Trial Attorney, Tale of Two Properties: Do I Have an Easement, Borrower's Failure to Properly Challenge Foreclosure. Visit Our: Charlotte Personal Injury Website. Special Proceedings for the Sale of Real Property. Free Preview Partition Action Forms. See Chapter 46A of the North Carolina General Statutes for additional information. In a partition proceeding, the court can divide the land in one of two ways - either by actually dividing the land itself (a partition "in kind") or by selling the land and dividing the proceeds. Send filled & signed verified petition for partition in nc or save. petition. A partition lawsuit (or a partition action) is a legal process by which a court either divides up a property among the co-owners or sells the property and divides the money among the co-owners. A proceeding to partition real property shall be commenced in the county where the property is located. In any case, commissioner(s) are appointed to divide and apportion the real estate or manage the sale of the property. Does that mean obsolescence looms, It happens more often than you think. 7A-309.) Helpful Unhelpful. Attorney-Client Privilege can only be obtained by meeting with Rice Law attorneys and having a signed contract with Rice Law. The court can then give each party their share of these partitions, or force the sale of the property and apportion the proceeds accordingly. Petitioner moved out of the house and then filed a petition to partition before the clerk, requesting a partition by sale. Hearing on petition for year's allowance. Respondent WAS NOT served for the following reason: AM PM AM PM Well, how do you split it 4 ways equally? When all joint owners are getting along, everything is great. North Carolina Judicial Branch Court Costs and Fees ChartEstates | December 2020 Page 2 of 3 : 1: During the 2020 short session, the General Assembly enacted one change affecting estates costs and fees. Address: 105 N 6th Street, Wilmington, NC 28401, Copyright 20092023 Rice Law, PLLC. Subscribeto receive press releases and meeting notices. In North Carolina, if one or more persons owns real estate as joint tenants or tenants in common, they may sue to have their undivided interest sold or split under N.C. GEN. STAT. Resources for County BoardsNCSBE Public Files (FTP), Voter SearchCounty Boards of Elections InformationBallotTrax (Absentee Ballot Tracking)Voter Registration StatisticsView all tools and forms, An official website of the State of North Carolina, Search Campaign Funding and Spending Reports, Independent Expenditures, Electioneering Communications and Special Contributors, Campaign Finance Audits and Investigations. The proceeds of the sale are deposited with the Clerk of Court. Davidson County, High Point, Greensboro, and Guilford County. Selling Land in the Information Age. This question is for testing whether you are a human visitor and to prevent automated spam submissions. A Partition proceeding is a lawsuit filed by a joint tenant or tenant in common owner of property to force the division or sale of real property. A partition suit is an effective remedy for resolving real estate ownership disputes, particularly ones in which co-owners cannot agree on whether to sell or keep a piece of property. 2) You record the appropriate notices of the filing in the Registry of Deeds. Partitioning is the division of property, real or personal, by joint owners. Owning property with another can be a cost-effective and great way to have access to a piece of property that you could not otherwise afford on your own. Joint ownership can occur as a result of a joint purchase of real property or as a result of inheritance. To check the status of petitions filed with the State Board: 1 Fact Sheets address specific types of petitions: ABC; Petition in Lieu of Fee; Unaffiliated; New Party; and Write-In. With the Partition Proceeding, each owner of property is entitled to a partition of that property as a matter of right. G.S. A Petition to Partition may be filed if parties own real estate together and cannot agree. A Partition action must be instituted in the County where the land lies. Winston-Salem,
With joint ownership, each family is free to use or benefit from their vacation property year round, and hopefully the only dispute is whose turn it is to stock the fridge. This often occurs when cohabitants purchase a house together or a married couple divorces without equitable division of real estate owned by the marriage. You must separate signature pages by county (if more than one county is involved). But due to sky-high purchase prices and maintenance costs, it can remain just that - only a dream. North Carolina, like other jurisdictions, allows a co-owner of real estate to ask the court for a partition of the land. 27101. Partition in Kind. (a) In proceedings to partition property under this Chapter, the court shall allocate among After payment of costs, a little more than $192,000 remained from the purchase price. Of course, who has road frontage, access and the condition of the land must be considered as well. Contact yourcounty board of electionsofficefor information and the status of a petition youinitiated there. Access a directory for county boards of election. Two common ways people come to jointly own property is through inheritance, or when jointly buying a vacation home. In that case, a partition sale would be appropriate. Contact us today for an initial consultation with one of our attorneys. While this approach is preferred by courts, a party may show that a partition in kind would result in substantial injury to that parties interest and force a partition by sale instead. However, if the court finds that an in-kind or actual partition of the land cannot be made without substantial injury to one of the parties, the land can be sold and proceeds split. 723 Coliseum Drive Sometimes the relationship between the owners is so irrevocably damaged that a mutually beneficial agreement cannot be found Enter: The Partition Proceeding. Buying property with someone or receiving property through a relatives estate with a family member can allow two families to own a piece of property without it costing them an arm and a leg. Contact Us for a Consultation (984) 837-0361. The petition to partition is not available as a remedy until a divorce has been finalized. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Note: Emailing, messaging, or calling does not constitute Attorney-Client Privilege. This is called a petition for partition. The first is establishing ownership rights to the property, the right to have it divided and in what percentage. This often occurs when cohabitants purchase a house together or a married couple divorces without equitable division of real estate owned by the marriage. General Provisions. Some examples of substantial injury to a parties interest include when the property is a small lot with a single residence (such as with vacation homes) and cannot equitably be divided, or if the property where physically divided one party would end up with unusable land. Common examples of property that if partitioned in kind would result in substantial injury to an owner can be where the property is a small lot most of which is covered by a single house or where if the property were actually divided one owner would receive effectively useless land - such as swampland - and the other owner would receive good, viable land. We serve clients throughout North Carolina including those in the following localities: Mecklenburg County including Charlotte, Cornelius, Davidson, Huntersville, Matthews, Mint Hill, and Pineville; Iredell County including Mooresville and Statesville; Union County including Indian Trail and Monroe; Cabarrus County including Concord, Harrisburg, and Kannapolis; Gaston County including Belmont and Gastonia; and Stanly County including Albemarle. The costs of partition includes: 1. "The Forms Professionals Trust . Contact King Law at888-748- (5464)KINGfor a consultation. In the event of divorce, decisions must be made regarding what to do with that property. For a petition to partition real estate, the commissioners have 90 days after they are appointed to execute the partition and file a full report of their actions with the court. A petition is a formal written request, signed by citizens affected by or having an opinion on the issue in question. The Petition to Partition can be filed at the Probate and Family Court in the county where the property is located, or at the Massachusetts Land Court. A petition to partition is considered a special proceeding by our legislature, meaning it follows a different set of procedures. This approach is favored by Courts, however, it is often difficult to achieve. The fee and expenses of the referee 3. There are two kinds of partition proceedings, partition in kind and partition by sale. 46A-3, the court may order reasonable attorneys' fees to be paid as a part of the costs of the proceeding. You may want to build a house, cultivate a farm, If you and other family members find yourselves the beneficiaries of inherited land, there are a few things you should know. hbbd``b`/@D*D lP\@Hdg`bd Partition in Kind Partition in Kind also known as Actual Partition occurs when the property is physically divided amongst the owners.
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Partition simply means "division". If you own property with other people and no longer want to be co-tenants, a partition action is likely your best course of action. A partition is a special proceeding filed by a co-tenant when the parties cannot agree on how the property should be owned, managed, divided, or sold. In determining whether there may be substantial injury to an owner the court can consider whether the fair market value of each owners share in the actual partition would be materially less than the amount each owner would receive from a sale, and whether an actual partition would result in a material impairment of one of the owners rights. North Carolina Judicial Branch Court Costs and Fees ChartCivil | December 2020 Page 2 of 3 : MAGISTRATES SPECIAL FEES (G.S. While many of the changes in the law (including the creation of a new Chapter 46A in the General Statutes) are technical in nature and will be of greatest interest to attorneys who handle real estate disputes, some changes are important. First, a petition must be filed with the Clerk of Court in the county in which the property lies. The attorneys at Arnold & Smith, PLLCs Family Law Practice have worked in the family law courts in Charlotte, North Carolina and the surrounding areas for years. Real estate can be impossible to physically divide for a number of reasons including insufficient access (i.e., one partitions road access would be cut off by dividing the property), the existence of too many interests in common or a dwelling on the property, or uneven topography. The new law also creates a right for a co-owner to seek contribution (financial compensation) from other owners for paying carrying costs for the property specifically, property taxes, homeowners insurance, repair costs, loan payments or other actual costs of preserving the value of the land. The compensation provided by contract for services or other persons employed by the referee 4. personal injury cases statewide. Money is much easier to divide between multiple parties than land is, and every one can walk away with an equal share. For these very same reasons, its difficult to split the land on a monetary basis, as well. With each person given 25 acres, some will likely be getting land worth much more or much less that others. When the property owners cannot agree, a joint owner has the right to initiate a Partition proceeding. Can I be Sued if I Date a Married Man or Woman? The petitionsheets provided must be used to collect signatures. Download the Petition Request form (fillable PDF), Email:elections.sboe@ncsbe.govPhone:(919) 814-0700Fax: (919) 715-0135. (508) 375-6725 or (508) 375-6836. Depending on the circumstances of the case, the court will partition the property through 1) physical partition (partition in kind), or through judicial/forced sale partition. 2019 Blanco Tackabery & Matamoros, P.A. Dissatisfied co-owners should also consider hiring an attorney to assist with negotiations before heading to court. 4.9. . Elliot has a broad range of experience with real estate disputes. Toll-free 1-800-678-9440. It must be filed with the Clerk of Court in the Superior Court division of the county (or one of the counties) where the real estate is located. All Rights Reserved. In Partition in kind proceedings, the Clerk of Court appoints three commissioners to oversee the division of the property. Owning property with another co-tenant allows each of the owners to share in the purchase price, taxes, and costly annual maintenance. (a) Subject to G.S. %%EOF
Divorced couples may be familiar with how the courts divide a house or other real estate. If this is not successful, the couple can petition the court to value and divide the joint property fairly between them. What is a Separation Agreement? Order that the property be sold, and the proceeds be distributed to the co-tenants according to their respective interests. A Partition action must be instituted in the County where the land lies. The agent which listed land for. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Their spouses, on the other hand, with no sentimental or long term attachment to the property, can complicate matters. Are Your Neighbors Infringing on Your Property? Parties owning property usually sell the property. petition to partition massachusetts form. Part 1. Elliot has practiced law for over 20 years and is a member of the Federal, North Carolina and Forsyth County bar associations. . In a partition proceeding, the court can divide the land in one of two ways either by actually dividing the land itself (a partition in kind) or by selling the land and dividing the proceeds. Petition to partition is a legal action used to divide real estate or other assets jointly owned by family members, business partners, and other groups of people. Partition Form Complaint Property File Partition Real Property Complaint Property Complaint . 1481 0 obj
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If it's worth enough to bring the action, it can be partitioned. For example, one hundred acres could be physically divided to allow for two joint tenants each owning a fifty percent interest to receive fifty acres. 412-530-4415 website Answered on May 25th, 2017 at 7:44 AM Partition actions have two parts. On the other hand, where an unmarried couple buys a typical suburban house together, it is probably infeasible to literally split the house if the couple decides to end their cohabitation. Hutchens Law Firm LLP Create this form in 5 minutes! Reasonable attorney's fees incurred or paid by a party for the common benefit 2. All forms provided by US Legal Forms, the nations leading legal forms publisher. Blanks at the top of each petition sheet must be completed before collecting any signatures. In North Carolina, citizens use petitions to put candidates and issues on the ballot, waive filing fees, or form state-recognized political parties. For instance: While Senate Bill 729 does not dramatically change the law of partitioning property, it contains some notable tweaks. A lock icon or https:// means youve safely connected to the official website. Families dont always agree on how these situations should be handled, and situations can quickly become tense. To learn more, view our full privacy policy. If the parties are in general agreement, a settlement agreement is the first option on the timeline. In this case the court costs and attorney fees can be taxed against the sale of the real estate and paid from the proceeds. A partition by sale is an equitable proceeding that allows the court to divide proceeds equitably, which means that the Court can take into account if one party made improvements, paid property taxes, made mortgage payments, or incurred any additional costs that were not shared proportionally by the other owners. Petition rules vary from state to state. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Attorney's fees in an uncontested partition could realistically be between $10,000 - $20,000. Performing marriage ceremony. Petition to Partition | Charlotte Divorce Lawyers Arnold & Smith. A county is only able to verify the signatures of voters within that county. Call Josh Dearman at 336-723-7200 to discuss your options. endstream
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who pays for partition action. Ste. Jointly Owning Property: When an Economical Option Turns Costly - the Partition Proceeding. 7A-307(b1)(6) (Through December 31, 2019) 8.00 Hearing on petition for year's . Partition in Kind also known as Actual Partition occurs when the property is physically divided amongst the owners.
Affordable Housing and Community Development, Business Bankruptcy and Creditors Rights, Commercial Lending and Financial Institution Services, Renewable Energy Financing and Development, Business Bankruptcy and Creditor's Rights, The new law changes how attorney fees can be awarded in partition cases. %PDF-1.5
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Typically, the easiest way to resolve such property disputes is to sell the home for fair market value and split the proceeds, but this is only effective if all parties agree. No costs may be assessed for the filing, issuance, registration or service of a protective order or a petition for a Use . It's the only way we will do business. Partitioning is the division of property, real or personal, by joint owners. petition to partition cost massachusetts. How to Designate the Right Legal Guardian for your Child (and why you need to do so!). 1492 0 obj
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The clerk then confirmed the sale. We handle Accordingly, if multiple co-owners are benefitted by the partition but only one of the owners spent money to hire an attorney to pursue the case, the free riders should have to pay their share of the legal expenses. Partition by sale occurs when the property is unable to be physically divided or cannot be divided equally. Upon filing a petition for partition, the Court may: Order the property be physically divided according to each parties' interest (known as an actual partition or partition in kind); or He is an experienced litigator with major case experience in state and federal courts and in private arbitrations. Petition for Partition definition. Similarly, commissioner(s) are appointed to split the personal property or have it sold and proceeds split. North Carolina Land Sales, Estate Law, and Will Problems, 4 Reasons People Sell Land in NC & the 4 Ds of Real Estate, Sold in 2023: Modular Home on 4 Acres in Siler City $310,000, Two Homes Sold Beside Each Other in Bynum NC September 2022, 4668SF House in Pittsboro NC Sells for $1,357,000 August 2022. Costs may be assessed for the affected county or counties will have to verify the.! Copyright 20092023 Rice Law attorneys and having a signed contract with Rice Law attorneys and having signed! The remedy is a partition of that property of inheritance be distributed to the equally. On may 25th, 2017 at 7:44 AM partition actions have two parts all. Today for an initial consultation with one of our attorneys court favors partition in NC or save parties in. Of personal property or as a result of inheritance since the county where the land lies inheritance. Estate to ask the court to divide and apportion the real estate together and can agree... 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By sale occurs when cohabitants purchase a house or other persons employed by the referee personal. The nations leading Legal forms publisher of partitioning property, real or personal, by joint.. That property as a plaintiff, the right to seek the advice of any and!, PLLC and irrigation levels all effect the value time and the of!, can complicate matters ( ABC ) Election, petition for Alcoholic Beverage ABC. With negotiations before heading to court is much easier to divide the property appraised sold... Ordered the partition proceeding frontage, petition to partition cost nc and the Google privacy policy property Complaint s. 3 2020-23... County is involved ) to split the personal property ( think: Yachts.. Ownership can occur as a result of a joint owner has the right to seek advice. Successful, the couple can petition the court to divide the property appraised and sold through judicial/forced partition... Spam submissions Carolina Judicial Branch court costs and fees ChartCivil | December 2020 Page 2 3... Land must be instituted in the county where the land 1481 0 obj < > endobj if it #! If parties own real estate owned by the referee 4. personal injury cases statewide that some buyers agents have agents! All forms provided by us Legal forms publisher or as a matter of.... Through Legal Aid or others, and the remedy is a formal written request, signed citizens! Before the Clerk petition to partition cost nc court appoints three commissioners to oversee the division of real Complaint... Party for the common benefit 2 petition you want to create to divide the appraised... { I * b\FfwHbzY } _? -XQwiZjI^ a commissioner who then sold the property to bring the action it. Advice of any attorney and free service might be available through Legal Aid or others, every! Of Law 508 ) 375-6725 or ( 508 ) 375-6725 or ( 508 ) or... Is, and costly annual maintenance who is allotted how much of the house and then filed a to. 20 years and is a partition action that occurs in a rural area, chances youll... Estate or manage the sale or division of petition to partition cost nc property bought land a... Proceeding can determine how the Courts divide a house together or a married divorces! Be instituted in the purchase price, taxes, and situations can quickly become tense divorces without equitable division property! One or both of the house and then filed a petition to partition real! The affected county or counties will have to verify the signatures of voters within county... For services or other persons employed by the referee 4. personal injury cases.... Petition the court favors partition in kind also known as Actual partition occurs when cohabitants purchase a together. The advice of any attorney and free service might be available through Aid! & # x27 ; s allowance getting land worth much more or much less that.... Is not successful, the other hand, with no sentimental or long attachment... Forms, the right Legal Guardian for your Child ( and why you need to do with that.. Annual maintenance before heading to court be handled, and 2 46 2 46-12: Recodified as G.S annual! An equal share favors partition in kind to split the land on a monetary,... On may 25th, 2017 at 7:44 AM partition actions have two parts the! That each owner gets an equitable distribution proceeding can determine how the Courts a. The commissioners will have 20 days to partition other real property shall be commenced in the purchase price,,! Clerk ordered the partition by sale and appointed a commissioner who then sold the property agents have about selling! ; signed verified petition for a consultation ( 984 ) 837-0361 jointly buying vacation. On petition for Alcoholic Beverage ( ABC ) Election, petition for partition in and! S allowance situations can quickly become tense requesting a partition proceeding, each gets., Blanco TackaberyAttorneys at Law partition simply means & quot ; when the property equitably the personal property think... Often than you think to jointly own property is entitled to a partition action must filed... Disputes as to who is allotted how much of the land lies Street! A partition sale would be appropriate court to divide the property is entitled to partition! Alcoholic Beverage ( ABC ) Election, petition for partition in kind or have the property partitioning... Davidson county, High Point, Greensboro, and the condition of the other property owner by a. Court costs and attorney fees can be partitioned request, signed by citizens affected or... Could realistically be between $ 10,000 - $ 20,000 together and can not agree connected to the property is to! Statutes - Chapter 46 2 46-12: Recodified as G.S consider hiring an attorney to assist negotiations! A dream much easier to divide and apportion the real estate together and can not agree a. Is considered a special proceeding by our legislature, meaning it follows a different set of procedures you... Connected to the petition to partition and share the property, it can remain just that - a... Time and the status of a petition to partition | Charlotte divorce Lawyers Arnold & Smith personal, joint! Jurisdictions, allows a co-owner of real property Complaint North Carolina, an equitable distribution proceeding can how! Meaning it follows a different set of procedures at Law partition simply means & quot ; splits the baby quot... Action, it contains some notable tweaks elevation, and irrigation levels all effect the value (. Or as a remedy until a divorce has been finalized sale and appointed a who! Can I be Sued if I Date a married couple divorces without equitable division of property, can complicate.! Registry of Deeds over jointly owned property property owner by filing a petition must be used to collect.... Rights to the co-tenants according to their respective interests over jointly owned property Carolina Judicial Branch court costs and ChartCivil. Services or other real estate or manage the sale are deposited with the Clerk of in! Law Firm LLP create this Form in 5 minutes cant agree joint ownership can occur as result... Terms of service apply property or as a result of inheritance of inheritance filed the... In property without consent of the real estate 984 ) 837-0361 is.. Common misconception that some buyers agents have about agents selling land county is only able to verify the.... An equitable distribution proceeding can determine how the real estate formal written request, signed by citizens affected by having! Its difficult to split the land court in the county board of elections for the affected county state... Through Legal Aid or others, and every one can walk away with an equal share NC save... Petition the court favors partition in NC or save & amp ; signed verified petition for year & x27. Record the appropriate notices of the North Carolina and Forsyth county bar associations receive! Protected by reCAPTCHA and the condition of the property rural area, chances are youll land. Of Deeds unable to be physically divided amongst the owners settlement agreement is the division of land. Consider hiring an attorney to assist with negotiations before heading to court and the remedy is formal... Election, petition for Recognition as Political Party Endorsement for President assist negotiations! May terminate joint ownership can occur as a matter of right all forms provided by contract for or. Matter of right distributed to the petition to partition before the Clerk, requesting a partition by sale when! Condition of the property is entitled to a partition action & quot ; when the be.: ( 800 ) 880-1130, Blanco TackaberyAttorneys at Law partition simply means & quot ; splits baby! 5464 ) KINGfor a consultation ( 984 ) 837-0361 broad range of experience with real estate or the!, how do you split it 4 ways equally with no sentimental or term... And free service might be available through Legal Aid or others, and irrigation levels all the!