What is a Partition Action?

A partition action is a type of lawsuit that pertains to co-owners of real property, when two or more owners cannot agree on the disposition of the property that is jointly owned, any of the owners can file a partition action in the courts and the court will determine the equitable interest each party has in the property and they will sell the property or divide the property if possible.

Charlotte Real Estate Attorneys

If you co-own real estate with another party, you have all the same rights available to you as a single owner. You may occupy the property, rent the property or, through a partition action, even sell your share of the property. A partition action is a highly technical legal action with many specific court
requirements to be met; at Berger & Kindberg Law, our Charlotte real estate lawyers handle partition actions. We help co-owners negotiate and, if necessary, litigate a fair price for their share of a property. You can rely on us to diligently represent your interests in real estate matters.

If you own a share of property and wish to sell your share, we are here to assist you. Contact our residential real estate attorneys online or call 704-900-3816 for a consultation.

We Represent the Rights of Co-Owners

The issue of partition often arises when property is inherited by multiple parties or in the event of divorce. You may wish to sell the property while the other owners want to do something else with it. In North Carolina, the right to partition, or sell your interest, takes precedence over the desires of the other co-tenants. Our lawyers understand the complexities involved in these matters and will work tirelessly to ensure that your rights and desires are protected. Often there are strategies we can utilize to get you the best result.

We go above and beyond the services offered by most law firms in these types of actions. We will aggressively represent your interest in the property to help ensure that you receive the best amount available. One of our principal attorneys, Hal Berger, is also a certified public accountant. He will put his legal and accounting skills to work for you to help limit your tax liability in any sale

We Will Work with All Parties to Reach an Agreement

The lawyers at Berger & Kindberg Law recognize that this can be a highly emotional process that often involves family members, it is our goal to get everyone to work together for the best possible outcome. However, if it is not possible to work together, we will represent your interests in the court. Partition actions can result in disagreements, particularly among siblings who have inherited a relative’s property. We hope that everyone will be able to work together to reach an agreement that is fair to all parties. We are skilled in the art of negotiation and will try to reach a compromise that will get you a fair price for your piece of the property and preserve family harmony. If this is not possible, we will tenaciously represent your interests through litigation.

Call for a Consultation with a Real Estate Attorney

If you are a co-tenant and want to know more about your rights in regard to selling your share of a property, speak with us. Contact our North Carolina lawyers online or call 704-900-3816 for a free consultation.