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How to Claim Property You Have a Legal Right to: Learn About Partiton Actions

Do you want the house you and your ex-husband bought together while married? Do you want your share of your childhood home from your siblings? Are you claiming a part of your deceased sibling’s home? Did you purchase a property with your business partner, as tenants in common, and now want your half of it? You may have to institute a partition action to get your right.

A partition action is a remedy for when multiple people make a claim on the property for which they believe they have a legitimate right to. A partition action is lawsuit in which the court determines whether a property with multiple owners is to be partitioned or sold. It begins when two or more of the owners cannot agree on the disposition of the property in question.

Types of Partitions:

  • Partition by Sale: The property is sold and the proceeds are split between the co-owners of the property. This is the best solution when the co-owners cannot decide on who maintains ownership.

  • Partition in Kind: The property is split into parts that are individually owned and managed. This is the simplest solution, however all property may not be able to be split in an equitable manner.

  • Judicial Partition: An involuntary partition, also called compulsory or court-ordered partition. Usually used for public policy or statute of limitations issues.

Partitions are very technical legal actions and having an attorney by your side can significantly increase the probability of your success.

Get in touch with the Ellenberg Law Group to determine if you have a partition action claim and how to get started. Our Philadelphia lawyers are experienced and skilled advocates for clients and help our clients get their share of their property. Contact our law firm now to arrange your completely confidential initial legal consultation. With a legal office in Philadelphia, we provide legal services to businesses throughout Southeastern Pennsylvania, including in Montgomery County, Chester County, and Bucks County.

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