Can a Partition Action Be Stopped?

Definition and Purpose

A partition action is a legal process wherein co-owners of a property can seek a court-ordered division of the property. This action is typically initiated when co-owners cannot reach an agreement on how to divide the property equitably or when one co-owner wants to sell their share of the property and the others do not.

Types of Partition Actions

There are two main types of partition actions: partition in kind and partition by sale. A partition in kind involves physically dividing the property, whereas a partition by sale requires selling the property and distributing the proceeds among the co-owners.

Ways to Stop a Partition Action

While partition actions are legally binding, there are ways to stop them:

Voluntary Agreement

One of the most straightforward ways to stop a partition action is for the co-owners to reach a voluntary agreement. If all parties involved can come to a mutually acceptable resolution, the partition action can be halted.

Buyout

Another way to stop a partition action is through a buyout. A co-owner can offer to buy out the shares of the other co-owners, essentially becoming the sole owner of the property. If the other co-owners agree, the partition action can be stopped.

Legal Defenses

In some cases, a co-owner can present legal defenses to stop a partition action. For instance, they may argue that the partition action is not in the best interest of all co-owners, or that the action is being pursued in bad faith. If the court agrees with these defenses, the partition action may be stopped.

Seeking Professional Assistance

If you’re facing a partition action and need help stopping it, it’s essential to consult with an experienced trust and probate litigation attorney.

Why Choose Hess-Verdon & Associates

At Hess-Verdon & Associates, we have unparalleled estate planning expertise, over three decades of experience, and a commitment to delivering comprehensive, results-oriented legal counsel. We are dependable and sophisticated in trustand probate litigation, offering services to trustees, beneficiaries, business entities, and real estate partners. Our extensive background in trial preparation, strategy, and presentation sets us apart from other firms.

Contacting an Experienced Attorney

If you need assistance stopping a partition action or have any other trust and probate litigation concerns, call Hess-Verdon & Associates at 1-888-318-4430. Our team of professionals will work diligently to provide you with the guidance and legal counsel you need during this challenging time.

Conclusion

Partition actions can be stopped through various means, such as reaching a voluntary agreement, a buyout, or presenting legal defenses. If you’re facing a partition action and need professional assistance, consult with an experienced trust and probate litigation attorney like Hess-Verdon & Associates to protect your interests and seek the best possible outcome.

FAQs

1. What is a partition action? A partition action is a legal process where co-owners of a property seek a court-ordered division of the property when they cannot reach an agreement on how to divide the property equitably or when one co-owner wants to sell their share and the others do not.

2. Can a partition action be stopped? Yes, a partition action can be stopped through various means, including reaching a voluntary agreement among co-owners, a buyout, or presenting legal defenses in court.

3. When should I contact a trust and probate litigation attorney? You should contact a trust and probate litigation attorney when you need assistance stopping a partition action, managing shared property, or dealing with any other trust and probate litigation issues.

4. What sets Hess-Verdon & Associates apart from other firms? Hess-Verdon & Associates offers unparalleled estate planning expertise, over three decades of experience, a commitment to delivering comprehensive, results-oriented legal counsel, and extensive background in trial preparation, strategy, and presentation.

5. How can I contact Hess-Verdon & Associates for assistance? You can contact Hess-Verdon & Associates by calling 1-888-318-4430 to discuss your trust and probate litigation concerns and seek guidance from experienced attorneys.