Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am very sorry for your situation.
A Petition to Partition
is an action that a party may request of the Court if dual owners cannot agree as to what to do with the property. See here
The best way (and frankly, almost the only way) to get the Court to refuse a partition it to show that it would mean extraordinary hardship or oppression
for one of the parties. Statute 60-1003(d)
Ergo, someone in your situation may wish to reply (and to argue in Court if she presses the matter) that a partition would cause extraordinary hardship or oppression. Examples of extraordinary hardship or oppression can be:
-having nowhere else to go and/or no money to pay for rent;
-having already put money into an investment and/or a trust for the property and/or having planned future involving the property which has already been set in motion; and/or
-any other reasonable hardship.
Do not let the attorney fool you - the Judge is not going to partition the property automatically without first giving consideration to any extraordinary hardship or oppression. If any can be proven, the partition would likely be denied.
I hope this helps and clarifies. Good luck.
Gentle Reminder: Please use the REPLY
button to keep chatting, or RATE
my answer when we are finished. Kindly rate my answer as one of the top three faces
and then submit
, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct.
I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating