Washington Partitions Lawyer
During a divorce, there are many matters pertaining to marital property that must be resolved. However, not all of these issues are covered in the divorce code in Pennsylvania. This is particularly true when a couple who never married co-owns property or when a divorce order did not distribute property that was co-owned. A couple who was married and got a divorce may have even chosen to continue to co-own property, believing they were amicable enough to do so.
However, things can change over time. The couple may at some point decide that they no longer wish to co-own the property. This can result in another property dispute that must be resolved. Below, our Washington partitions lawyer explains how to resolve these issues.
What are Partition Actions?
When an unmarried couple co-owns real estate and an ownership dispute arises, or when a married couple gets a divorce and ownership of property is not resolved, the equitable distribution rules do not apply. Due to the fact that there is no divorce or legal separation attached to the property, the couple must explore other legal remedies. This is often when they turn to partition actions.
Like the equitable distribution rule, partition actions are also governed by the law. The owners must have a joint title in order to file a partition action. One of the co-owners will submit a complaint to the court, list the property description, identify the co-owner’s information, and include things such as mortgage payments, taxes, and maintenance costs. The complaint is essentially asking the court to divide the property in a manner that is fair according to the respective investment and interest in the property.
Co-owners can always choose how to divide a property on their own without court intervention. This is often a better alternative because the co-owners can reach a resolution that is customized to their situation.
Possible Remedies in Partition Actions
Partition actions can be resolved in a number of ways. These include:
- Division of property into separate shares, such as the units within an apartment complex
- One co-owner keeps the property and pays compensation to the other co-owner for their interest in the property
- Award unequal compensation to the co-owners with the owner with the lesser share receiving compensation to make up the difference
- Sale of the property if a partition action is not possible, with the proceeds of the sale being distributed to each co-owner
Our Partitions Lawyer in Washington Can Help Resolve Your Dispute
Partition actions can become very difficult and complicated, particularly if you have already gone through a divorce or separation. At Bunde & Roberts, P.C., our Washington partitions lawyer can help you through this difficult time. We can advise on the remedies available, help you determine which one is best for you, and guide you through the process so you can make informed decisions at all times. Call us now at 412-391-4330 or chat with us online to schedule a consultation and to get the strong legal representation you need.
