Petition to Partition

Filing a Petition to Partition: Your Path to a Clean Break 

You’ve been thinking about selling your property for months and have tried to discuss it with a co-owner, but to no avail. Whether it’s a family inheritance or an investment with a business partner, staying in a property dispute causes constant tension. 

You might have tried talking to the person and pursuing them. However, the co-owner refused or didn’t reply. When you’re unable to resolve the issue informally, a legal action becomes necessary.

The Petition to Partition is a formal request asking the court to divide the property and end shared ownership. It requests the court to step in and divide the property fairly. 

What Does the Petition Actually Do? 

A Petition to Partition is a plea to the court to dissolve the shared ownership of property. The majority of people do not want to file a petition because they believe that a co-owner will have to suffer. 

You’re not harming anyone; instead, you’re requesting the court to divide the assets as per the law. 

Once the petition is filed and served, the court takes charge of the entire process. The co-owner can no longer block you from selling the property. The law states that no one should be forced to stay in a partnership if they don’t want to. The court seeks the most equitable way to sell, if that is your wish. 

The Process After Filing 

Submitting the request initiates a series of actions to resolve the matter. While each case is unique, most follow a similar process: 

1. Title Review: The court checks the property owners, and if any mortgages or liens must be paid before others. 

2. The Appraisal: An expert is engaged to find out the real market price. This ensures there will be no speculation or disputes about the property’s value. 

3. The Settlement Opportunity: The majority of cases are settled at an early stage. Once the co-owner realizes that a court-ordered sale is unavoidable, they may consent to a private buyout or a standard listing to avoid further litigation expenses. 

Why Accuracy Matters in Your Filing 

Accurate information in your petition is critical to securing your fair share. It allows you to claim ‘credits’ for property taxes, insurance, or maintenance costs you paid alone. An accurate filing ensures the ultimate settlement reflects the property’s actual financial history, rather than a standard 50/50 division that overlooks your personal investment. 

The Next Step 

A co-owner rarely changes their mind. Waiting during this period only causes stress and more expenses on an asset you no longer want. Filing a Petition to Partition is a way to take the initiative. It replaces the cycle of arguments with a structured, legal path toward a check in your hand and a clean break from the past. 

Contact PartitionAction.com today to file your petition and move forward with your property’s fair division.