Professional Handling Of Petition For Partition Cases
It is not uncommon for a piece of property to be jointly owned by two people or numerous individuals. In many cases, there are no issues for many years. However, when the owners are in dispute over what should be done with the property, an experienced land use and real estate litigation attorney should become involved.
At Phillips & Angley, our attorneys are highly skilled in litigation matters involving property disputes. As a premier Massachusetts law firm, we are able to utilize a variety of methods of resolving these matters, including petitions for partition. This is a way for one owner to force the court to divide the property or force the sale of the co-owned land.
Petitions For Partition
When first approaching a property dispute, we can negotiate with the other parties to see if the matter can be settled out of court. If it cannot, we can file the petition for partition. After the filing, all owners are served with notice of the action. Other interested parties may be notified as well such as the lender who holds the mortgage or a lien holder.
All parties typically retain their own legal counsel, so the process can become complicated quite quickly. However, the court will proceed, appointing an impartial attorney to serve as the commissioner in the case. This person is responsible for the sale of the property, either with or without the help of a realtor. Once the property is sold, the profits from the sale are distributed to the owners of the property.
In some cases, the land may be divided before the sale by the petition. Then each owner can do as he or she wants with the property. However, this is not often agreed upon as the best way in which to handle the division.
Tailored Representation From Insightful Lawyers
Having handled numerous types of real estate disputes throughout the course of our years of practice, our firm can personalize our approach to your petition for partition case. We work tirelessly to see that your rights are protected and that the outcome you seek is reached whenever possible.
Get In Touch With Our Lawyers For More Information
To further discuss a petition for partition matter or other property litigation issue, call our firm and schedule a consultation today. We can be reached by phone at 617-892-4391 or through our online contact form.