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Estate Planning, Probate & Business Law Blog

Estate Planning, Probate and Business Law Blog by Valente Law, LLC

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Real Estate Partition Lawyer Explains Real Estate Partitions for Splitting Jointly Owned Property

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Real Estate Partitions for Jointly Owned Property

Local Cleveland, Akron area law firm, Valente Law represents clients in a wide range of real estate lawyer services, including real estate partition attorney actions.  Real estate partition is the process of splitting jointly owned property.  This is a remedy available when joint owners of a single piece of real property cannot agree on the use, management or disposition of the property.  The best real estate attorneys will be familiar with partition actions.  We strongly recommend you hire a real estate partition lawyer because this area of law is very technical – we are here to help!

Real Estate Partition Attorney What is a real estate partition?

A real estate partition is the formal legal proceeding through which a joint owner of a single piece of real estate can ask the court to split the property.  Real estate partitions are lawsuits, which are generally filed in the county common pleas court.  The joint owner asking for a partition will be the plaintiff in the partition lawsuit.  The other joint owners of the property will be named as defendants.

How to get a real estate partition?

The only way to obtain a partition is through the court system.  Any joint owner of property can file a partition lawsuit.  You should hire a real estate partition lawyer to help you with this process as it is very technical.  A legal complaint for partition should be filed naming the other property owners as defendants.  The complaint should state the reason the partition is being sought.  For instance, the joint owners can’t agree on how to use the property, or want to lease it or sell it on terms the other doesn’t agree with.  In order to have a valid partition claim, you must have good title to the property.  In the complaint for partition, you should attach the deed through which you took title to the property to prove your standing.

Different types of real estate partitions:

There are two types of real estate partition actions, and you should specify which type is being sought in the complaint.

Real Estate Partition in Kind

Partition in kind is actually subdividing the piece of real estate in equal sizes and giving separate pieces to each of the separate owners.  Each owner will have total control over their new separate parcel and no control over their prior joint owners.

Real Estate Partition by Sale

Partition by sale requires selling the property and then splitting the proceeds from the sale.  Usually partitions by sale are used when it would be impractical to subdivide the property.  For instance, it would be extremely impractical to subdivide a single family home.

Real Estate Partition Lawyer Case Requirements:

In Ohio, real estate partition actions are governed mostly by the Ohio Partition Laws. The main requirements are covered in ORC 5307.03 which provides for the following requirements for a joint owner:

  1. File petition for partition in the court of common pleas which has the following:
  2. Explain your ownership status, how you took titlen (attach a copy of the deed in which you acquired the property)
  3. Describe the land of which partition is demanded
  4. Name each joint owner and interested party as defendant.
  5. If property was acquired upon someones death, you must wait 1 year unless all debts are cleared.

Hire a Cleveland, Akron Area Real Estate Partition Lawyer

Are you in need of legal assistance from a real estate partition lawyer to help split you property?  Call Valente Law today at (330) 665-5000 to discuss whether legal partition would be a good option for you.  We are happy to offer free consultations to all new clients, so please don’t hesitate to call and ask any questions!

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