Have you ever wondered what happens to a property that is purchased by an unmarried couple when the couple separates? If the couple can decide what they’re going to do with the property fairly and amicably, that’s good for all parties involved, but that doesn’t always happen. What if there’s a dispute between the two parties about the property purchased and what its future should be? How is that handled?

In rare cases when an unmarried couple separates and cannot decide how to handle jointly purchased property, a partition action may be necessary to resolve the issue. A partition action is the court-ordered sale of the property in dispute, with the profits from the sale being split between the two parties. A partition action may be necessary for a dispute where two or more people co-own the same piece of real estate together, but no longer wish to own the property together. This can be a confusing situation, which is why an experienced real estate lawyer will need to be hired to help untangle the mess.

When a partition action is ordered, the property in question will be sold, as requested by the court, and the profits of the sale will be divided up between the respective co-owners, based on each owner’s respective contribution to the purchase of the property originally. To determine how much each party should receive from the sale, an attorney will need to examine tax statements, mortgage payments, receipts, and more to determine who paid for which expenses in regards to the property in question. 

An attorney may also be necessary for a partition action situation where one or more parties wishes to continue ownership of the property in question. One of the parties may wish to buy out the other. This whole process will need to be overseen by an attorney. The legal transfer of funds from one party to another will need to be ensured by a lawyer well versed in partition action.

Additional disputes involving the use of the property in question or the potential future sale or division of parcels of land on the property will also require the assistance of legal counsel. Any partition action dispute is best resolved with the help of an experienced attorney.

Walter L. Rooth III, Attorney is an experienced real estate lawyer who can help with partition action cases in West Seneca, Orchard Park and Hamburg, NY. Walter is well versed in real estate law and in reviewing documents and handling complex real estate transactions. While the process is confusing, having a knowledgeable lawyer like Walter L. Rooth III, Attorney on your side will help. Protect your best interests by calling Walter L. Rooth III, Attorney. He would be happy to help you through the partition action process.