How To Take Action Against a Joint Tenant of Your Property
One tenant can ask a court to partition their property if they disagree about how to manage it.The property will be divided between the owners.Unless the property is in a will or prohibited for other reasons, a court will grant you the right to partition.You should file a petition in the appropriate court to partition the property.
Step 1: Obtain copies of important documents.
Important property records should be pulled together to show an attorney.The documents will help the attorney understand if you can partition the property.Evidence of any contractual agreements between tenants can be found in the lease.
Step 2: State and local law can be read.
You have a right to partition, but it can only be limited by the law.You need to read your state or local law to find limitations.If your mother died without a will, you might own a piece of property.Some states give her spouse the right to stay in the house, so you won't be able to partition the property.Many states have their property laws online, so you should begin your search there.If you can't find anything online, then you might want to visit your nearest law library, which can be found at your local courthouse or law school.It is possible to speak to a landlord tenant lawyer for help with your case.
Step 3: How do you want to divide the property?
Partition in kind or partition by sale are two ways that the court can divide the property.The asset will be divided based on your ownership interest.If you and a joint owner own 10 acres of land, the court will give each owner five acres.Partition by saleWhen it isn't realistic to divide the property in half, the court will order a sale.If you own a single unit condominium, the court can't divide it in half.You could sell it and split the proceeds, or one owner could buy out the other half.
Step 4: Talk to the other person.
You have the right to split the property of your own will.If you want to avoid an expensive lawsuit, you should talk to the other joint owners and ask if they would be willing to divide the property.You could split the property evenly if you owned real estate.You should consult a lawyer about this process.If possible, the property can be divided or sold with the proceeds split.It is possible to confirm the legal description of the property in a dispute by contacting your local recorder of deeds office.
Step 5: Meet an attorney.
You should meet with an attorney to discuss your options.A qualified attorney can look over your documents and advise you if a petition action is right for you.You can find an attorney by contacting your local or state bar association.You can schedule a consultation with someone if you have their name.Ask the attorney how much he charges.
Step 6: You can draft a complaint.
You can start a lawsuit by filing a complaint.You can use forms printed in your state.You should check with your court.If you need to draft your own petition, you should include the following information: state that you and the other parties with an interest in the property have joined the lawsuit.The property should be described.If the property has passed an inquiry for accuracy, you can get the legal description of it off the deed.To get the most accurate description, you may need to trace the deed history of your property.The ownership interest for each person is stated.You are entitled to partition the property if you want to hold your interest in severality.
Step 7: The complaint should be filed.
Only the court in the county where the land is located has the power to split the property.You can file in any of the counties where the land is located if the property is more than one county.Make copies of the complaint and bring them to the court clerk.To file, ask.The filing date can be stamped by the clerk.Depending on the court, you will have to pay a filing fee.
Step 8: The lawsuit should be served on the other party.
You can serve the other party with a summons from the court clerk.If you hire someone 18 or older, not a party to the lawsuit, you can serve your notice on the other party.
Step 9: You can read the other party's response.
They can respond to your lawsuit within 30 days.They will point to a law that prevents the property from being split in the response.A counterclaim might be raised by the other party.If you split expenses, one person will be able to claim reimbursement.Taxes, interest, or charges are expenses.
Step 10: Attend the court.
It's pretty easy to partition property.There shouldn't be a lot of factual disputes.The judge or master will look at the law to make sure nothing prevents the partition.The judge will calculate how much was spent if there is a countersuit.Each owner may be asked a question by the judge.Don't interrupt the judge, and listen quietly.The judge and the other owners should be referred to as the joint owners.Smith said to bring originals of all evidence to court and make copies for the opposing party.This is necessary.It is always good to have more copies.
Step 11: Receive your order.
The judge will make a decision after hearing the hearing.If you win, he or she will sign an order directing the partition.You should take the court order to the Recorder of Deeds office, where the separate deed will be created for the property.
Step 12: If it's necessary, sell the property.
If physical partition isn't possible, you may have to sell the property and divide the proceeds.In some courts the court master will arrange the sale and distribute the proceeds.The sale price will probably be deducted from the costs of the sale.
Step 13: Find people who can help.
You could save money, time, and stress by having a professional mediation.A neutral third party listens to your dispute and helps both sides come up with a mutually-agreeable solution.If you think you can resolve the dispute with the joint owner, you should consider mediation.Contact your local courthouse if you want to find a mediator.There are mediation programs at some courthouses.Call your bar association.Referred to for mediation may be offered by your bar association.You can look at it online or in the phone book.You can find mediators by searching for them in your city.
Step 14: If you want mediation, propose it.
Before people invest too much in the legal dispute, you should propose mediation.After receiving the other party's answer, you could propose mediation.If mediation is successful, you might not partition the property.You should talk to the other party about your problems.It would be cheaper to come to an agreement than to go through with a lawsuit.Mention the costs associated with the lawsuit.The court will deduct the costs of conducting the sale from the proceeds if the court orders a sale.The cost of the mediation should be split equally.Mediators charge between $70 and 400 an hour.
Step 15: Prepare for mediation.
First, consider what you want and why.Partition is a possibility because you can no longer be around the other party.You could be open to other resolution than splitting the property if you and the other tenant disagree about how to develop it.Consider alternatives to partition.You and the joint owner could agree to occupy the property at different times in the year.Each person has their own schedule for using the property.
Step 16: Attend mediation.
Depending on the extent of your dispute, mediation may take more than one session.Listening is the key to mediation.The other side doesn't want to partition the propertyIf you were going to court, you would bring originals and copies of evidence.It's a good idea to remember that mediation is voluntary.You can walk away from the mediation if you cannot reach an agreement.
Step 17: If you reach a resolution, draft an agreement.
Depending on your dispute, mediation might be successful.You and the other party could agree to occupy the property at different times of the year.You will not have to split it up or sell it in this way.Settlement agreements should be formal in nature.The mediation can help draft it.The agreement becomes a contract between you and the other party.