Since our founding, we have represented clients in wide variety of real estate matters, including a lengthy “partition” action involving multiple properties.
What is a partition action? A partition action is basically an action to separate a jointly held real estate interest (for example, a property held as tenants in common). Sometimes this partition can be accomplished via trading of properties or sometimes via a division of an existing parcel. Most often however, the partition results in a partition by sale. The partition by sale results in cash, which is fungible, and can be easily split amongst the parties — once the Court decides (or the parties’ settle) on who should receive what percentage of the property.
The battleground issue in a partition action is ultimately who should receive what percentage of the property. In the effort to establish their percentage, it is not uncommon for a party to assert (1) breach an oral contract (“they promised me X if I did Y”) or (2) to assert fraud on behalf of the other party (“they never would have received their percentage if they had told the truth”, or “they are inflating their contributions”) or (3) breach of fiduciary duty.
If you are contemplating or facing a partition action, and have questions, please contact us today to start a conversation.