What is a partition?
A partition is the court-ordered sale or division of the property.
If you can’t agree with a co-owner of a property on what to do with it, or who pays what, you can ask the court for a partition of the property. In most cases, the court doesn’t actually divide the property, but instead orders the sale of the property and distributes the proceeds to the co-owners according to their ownership percentages. A good attorney litigating a partition will ask for the client’s expenses to be reimbursed as well as the percentage share the client is entitled to.
What are the steps to getting a partition?
Put simply, the steps of a partition are as follows:
- File a lawsuit with the court of common pleas.
- Attempt to negotiate a settlement. This is where most partition cases are closed — one party wants the property, so they pay the other owners off in exchange for the deed.
- The court ensures everyone who owns an interest in the property gets served with the complaint.
- The court orders a sheriff’s sale of the property.
- The sheriff returns the money and the court orders the distribution of the proceeds.
Can I file this lawsuit myself?
If you are not experienced in bringing these types of cases, it is not recommended. The submission of the complaint with the proper title work and ensuring proper service to all parties involved is a highly technical process. If all the requirements aren’t met, you can be left with bad title to the property, which means you’d have to go back to court again. An experienced attorney can ensure that the process is done correctly.
What documents do I need if I hire you?
In order to properly evaluate a case, we like to see all the documents related to the ownership of the property, such as deeds, wills, and other agreements. If you’ve spent money on the property or collected rents, we would need to see evidence of this as well.
Do you handle partitions throughout Ohio?
Yes! We can handle cases in all 88 counties.
What is the cost?
The court will order that the costs of the sale, including attorney’s fees, be deducted from the proceeds of the sale before the funds are distributed.
How do I start?
Give us a call today or fill out our email form and we’ll reach out to you.