What is a Partition?
A partition is a lawsuit that can be filed by any of the owners of real estate. The purpose of the lawsuit is to ask the judge to sell the property and split the proceeds of the sale between the owners. Any of the owners can start the lawsuit, and if you have been named as a defendant you should respond to the suit to make sure you protect your interests. If you are named as a defendant you will likely receive a summons, which is delivered by a process server, and you would have 20 days to respond. If you have been served, call our real attorney Joe Taormina to discuss your options.
Some owners might get more money than others. That is because the court considers who paid the down payment, who has paid the mortgage, and other maintenance and expenses. The judge then orders the money to be split up pro rata according to those setoffs.
We can represent you without any fees up front. We can represent some clients on a contingency fee basis, which means that you do not have to pay us up front to be your personal attorneys, and we will collect our fee when the property sells. Contact our office at 407-452-4918 to discuss your options.