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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7310
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Can you please explain how a partition lawsuit works, how

Customer Question

Can you please explain how a partition lawsuit works, how much it costs (roughly) and what the process is.
Submitted: 1 year ago.
Category: Legal
Expert:  Irwin Law replied 1 year ago.

A partition suit starts with a formal complaint which states grounds for partitioning a parcel of real estate between joint owners. If grounds for partition exist, the court may order the property hysically divided up between the owners by a surveyor. If the court feels that the property cannot be physically divided, then it will usually order the property be sold by public auction. Court will appoint a commissioner to sell the property and give a deed to the buyer. The owners will then divide the proceeds from the sale. It is impossible to estimate the cost without knowing how large the property is, how contest of the matter will be and how much time the lawyers will have to spend working on the matter. Cost could run as little as a few thousand to many thousands.I hope the answer is helpful and that you will assign a positive rating so that I will be credited for responding.