Judicial partition ends co-ownership where the parties cannot reach a voluntary agreement. The proceedings usually have two phases and may cover inherited or otherwise jointly owned property.
Admission of the Partition
In the first phase, the court determines the parties, the property included and each party's share. Disputes concerning ownership, inheritance rights, wills, gifts and whether an asset belongs in the partition may be decided at this stage.
Carrying Out the Partition
After the first decision becomes final, the court assesses whether the property can be physically divided. Possible outcomes include allocation of separate shares, award to one party where statutory conditions are met, or public sale. An expert assesses divisibility and value.
Accounts Between Co-Owners
Claims relating to use, improvements, taxes and other expenses may be raised in the proceedings. They have separate legal requirements and deadlines and must be pleaded in time.
Consultation
Please provide the title and inheritance documents and information about use of the property and expenses paid.
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