Resolving Your Property Dispute, Defending Your Rights
If you co-own a home, rental property or other piece of real estate and you and your co-owners are locked in a dispute over what to do with it, a partition action may be necessary. At the Virginia law firm of Bowen Ten Long & Bal, PC, our attorneys have more than 125 combined years of litigation experience. We can help you take action and find a solution to your property disagreement.
What Is A Partition Action?
Many situations arise in which two or more people are joint tenants, or, in other words, own a property jointly and they disagree on how to dispose of it or split the asset. For example, this can occur when siblings inherit their parents’ home, an unmarried couple buys a house and then the relationship ends, or investors buy a property together but have a falling-out. One party might want to sell the property, but the other refuses.
When this happens in Virginia, one of the owners can file for a partition to either sell the property to a third party or allow one party to buy out the co-owner’s interest over the co-owner’s objections. The plaintiff must prove that the action they want the court to take would serve the parties’ interests and that subdividing the property is not possible. Whether you are the plaintiff or the defendant in this type of civil litigation, our lawyers will prepare a strong case that makes your position and your interests clear to the court.
Dealing With The Emotions That Can Arise
Once the court approves the partition, the next step is figuring out the money. Specifically, if you are selling, how much of the proceeds will each owner receive? Or, if one party is buying the other parties’ ownership interests, which party should get to buy? Each party will make their case to the court, and the proceedings can get quite emotional, especially if the parties are related. Our lawyers will work with you to represent your interests firmly but with sensitivity.
Common Questions Regarding Partitions
Partition actions can be complicated. When property is being physically divided between parties, there are a lot of questions that arise. Here, our attorneys answer some of the more frequently asked questions. However, every case is different. Our property partition lawyers can answer your specific questions during an initial consultation.
What is involved in a partition lawsuit in Virginia?
As with any type of litigation, a lot of time is spent preparing documentation and evidence before stepping foot in a courthouse. Notice of the legal action must be provided to anyone who has an interest in the property. A fair market value of the property must be determined either by agreement or by a formal appraisal process. Hearings will be scheduled at specified junctures throughout the process, each with its own timing requirements. If the property cannot be divided and none of the parties is able or willing to purchase the property, the property will need to be sold, which is dependent on the real estate market at the time.
Why do I need a lawyer for my partition lawsuit?
With all the various nuances for each scenario and the multiple potential outcomes for each option, hiring an attorney who is well versed in the subtleties and complexities of property law pertaining to partition matters is invaluable. An experienced attorney will help make sure that every aspect of the lawsuit and transaction is completed correctly and can also help defuse potentially volatile situations if emotions begin to run high.
How long does a partition action take?
Each case comes with its own facts and circumstances that can make it difficult to predict how long it will take to reach a resolution in a partition action. Depending on the issues, a partition action can take years to resolve. Your attorney can advise you about the potential timeline needed for each step and the entire process.
Reach An Acceptable Outcome To Your Property Dispute
There is usually a solution to a heated disagreement between property owners. Let us help you find one. Contact us online or call us at 804-767-6850 to schedule a consultation. With office locations in Richmond and Hanover, we assist clients throughout the greater Richmond area.