Steps of a partition action part 3 · Dirty Title Goldmine

Steps of a partition action part 3

If you are part of a partition action, or are thinking of bringing an action, knowing the process is powerful. Once each of the owners have been served with the complaint and related materials, and filed their own legally-valid Answers with the Court, then the court will determine the parties' interests in the property. This process can occur through a motion with the court, a trial, or an agreement between counsel about the nature of the parties' ownership interests.

Generally, the determination of the ownership interests in the property will occur by a simple reference to the deed on file with the county. Sometimes, however, further investigation may be necessary when there are arguments about ownership interests as alleged in the deed. These arguments are generally based on the differences between joint tenants and tenancies-in-common, or about an agreement that the parties made with respect to the property at issue.

You need an experienced partition lawyer familiar with all the nuances of deeds, that will be able to provide insight into the different arguments that can be made about the nature of a party's interests as set forth in a deed.

When the ownership interests are determined, this will signal the end of the first phase of the partition action. The formal conclusion of this part will take the form of an interlocutory judgment entered by the court.

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Steps of a partition action part 3