Assisting Virginians With Partition Actions
The attorneys at Mark B. Williams & Associates, PLC, in Warrenton serve as legal counsel for property titleholders seeking to partition their property ownership from a joint owner or owners.
What Is A Partition Action?
It is not unusual for joint owners of real estate to disagree when it comes to discussions about what to do with the property. Virginia has a legal process that allows the owners to partition their property into specific parcel sizes, allowing each owner to keep — or dispense — of their part of the property to meet their own needs.
To avoid litigation, it is best when both parties can resolve issues ahead of time, outside of court. If the parties cannot come to an amicable agreement, either party may file the formal partition action through the courts, which might include suing for full ownership. The court will review that partition action and hear arguments from both party’s legal counsel regarding the final disposition of the property.
Generally, the partition suit seeks a “partition in kind” to divide parcel sizes to title holders, or a “partition by sale” to force sale of the entire property, with the proceeds divided according to the share held by each owner.
Much like a divorce, the courts understand that it will be in both parties’ best interests to partition the real estate, rather than enforce continued joint ownership, which may not be desired by either party. Generally, the issue up for consideration is the terms of the partition, such as parcel size to each party.
Certain Limitations May Apply
How partition suits proceed is very much up to how they are presented in court. It is very important to have an experienced law firm negotiate terms with the other owner(s), draft the wording of the partition and represent the party initiating the partition action in court. A single law firm should not serve as the sole legal counsel for all parties named in the partition action.
Fighting Partition Actions
If you are a joint owner of a property and have been served a lawsuit for a partition action that you oppose, our lawyers are ready to fight aggressively to uphold your rights and financial interests. If you stand to suffer financial damages due to a partition, such as taxes paid and other costs you assumed above your shareholder agreement, you are entitled to seek reimbursement through a countersuit.