Partition of Co-Owned Property

At Bethard & Bethard, LLC, we understand the complexities of real estate law and the challenges that can arise when multiple parties share ownership of property. A partition is a legal process that allows co-owners to divide or sell a property, ensuring that each party can resolve their interests in the property in a fair and structured manner.

What is a Partition?

A partition is a term used when real estate is owned by two or more parties who hold an undivided interest in the property. Ownership in indivision means that each co-owner has a shared interest in the entire property rather than a specific portion of it. As co-owners, each party has the right to use the property, but must do so in a way that does not infringe on the rights of others.

Co-Ownership and the Right to Partition

As a co-owner, if you no longer wish to share the property, you have the right to demand a partition at any time, unless there is a contractual agreement that excludes partition for up to 15 years. Partition can be voluntary or judicial, depending on the circumstances.

Types of Partition:

1. Voluntary Partition
   A voluntary partition occurs when the co-owners agree to divide the property according to their respective interests. This is typically done through a written agreement, and our attorneys at Bethard & Bethard, LLC can assist you in negotiating and drafting the necessary documents to ensure that the division is fair and legally sound.
2. Judicial Partition
   If the co-owners cannot reach an agreement, a judicial partition may be necessary. There are two primary types of judicial partitions:
   • Partition in Kind: The court may divide the property physically into separate portions, ensuring that each co-owner receives an equal share of the property’s value. This option is ideal for larger, undeveloped properties, such as farmland or rural land, where a physical division would not diminish the property’s overall value.
   • Partition by Licitation (Sale): In cases where physical division is not possible or would reduce the property’s value, the court may order the property to be sold. The proceeds from the sale would then be divided among the co-owners based on their respective shares. This method is often used for residential properties or when multiple co-owners cannot agree on how to divide the property.

Why Choose Bethard & Bethard, LLC?

At Bethard & Bethard, LLC, we offer comprehensive legal services for those facing partition disputes. Whether you are considering a voluntary partition or need assistance with a judicial partition, we have the expertise to guide you through the process. Our experienced attorneys are dedicated to ensuring that your interests are protected, and we will work to achieve a fair resolution that meets your needs.

Conclusion:

A partition is an important legal tool for resolving co-ownership disputes or when you no longer wish to share ownership of a property. Whether through voluntary agreement or judicial action, Bethard & Bethard, LLC is here to provide the legal support you need to navigate this process. Contact us today to discuss your options and ensure your rights are upheld in any partition case.

The information provided in this booklet is for informational purposes only and does not constitute legal advice. While we strive to provide accurate and up-to-date information, the law is constantly evolving, and this booklet may not reflect the most current legal developments.

Please contact Bethard and Bethard, LLC to set up a confidential consultation with an attorney for advice regarding your individual legal situation.