The Benefits Of Settling A Partition Action Out Of Court

In this article, you can discover…

• What is involved in settling a partition action out of court.
• The benefits of mediation during a partition action.
• How the right attorney can help make settling out of court easier and simpler.

What Is An Out-Of-Court Settlement For A Partition Action?

You may jointly own a parcel of property with others and no longer wish to own it with them. However, getting the other parties to agree to an arrangement can prove difficult. You may require legal help, and the legal process through which partitioning this land is mediated and settled is called a “partition action.” While some clients may choose to file a lawsuit and force joint owners to settle, an out-of-court settlement for a partition action is often the simpler and less costly route to take. How would this work? To settle out of court for a partition action, review your situation with a real estate lawyer and allow them to send out a legal letter to the other property owners involved. This letter will outline the other parties’ next options and inform them that they can be legally forced to sell the land or purchase your share from you. This helps the co-owners understand that the process is now quite serious, especially if disputes have been ongoing for years. This may result in a co-owner agreement to sell the property for an amount that everyone can agree on. The mediation process may also allow you to walk away with a reasonable amount while letting a truly emotionally invested party (such as a sibling) hold onto the land.

How Can Mediation Benefit Me During A Partition Action?

Mediation allows you to express the details of your plans and hopes for settlement with a neutral third party between you and the co-owners. Having a legal professional between frustrated parties can greatly help tone down hostility and improve communication.
This can help you and the other co-owners reach a financial settlement that might otherwise be consumed in future legal fees should the matter go to court. In the long run you can save considerable money as well as time and emotional frustration, too.

What Should Participants Expect During The Mediation Process?

A mediator will help you determine the value of the property and can communicate what each party would hope to gain from the partition. This may include money, continued ownership, or a combination of the two. The mediation process helps you and the other owners understand what each of you wants and how to get there. With an attorney to help mediate, motivations, hopes, and concerns can be better expressed, and solutions are more likely to be found.

Can Any Partition Action Be Settled Out Of Court?

Absolutely. In its simplest terms, a partition action is an agreement between two or more joint owners to sell property. Settling this out of court with a lawyer’s help simply means that greater mediation is needed between parties to reach an agreement. Such mediation is likely needed if you and the co-owner can not agree on anything helpful and find it impossible to compromise or communicate.

If That’s My Situation, What Should I Do To Initiate A Mediation For A Partition Action?

In some cases, it’s enough to hire a real estate attorney to help you mediate before a lawsuit is filed. Allow this attorney to send out letters, express your wishes, and help all parties understand one another and communicate more neutrally. If co-owners agree to this out-of-court process, your conflict can sometimes be resolved simply and inexpensively. If co-owners don’t agree to an out-of-court mediation, you would ask for an attorney’s help in filing a lawsuit through the court system. Through this lawsuit, you can request mediation, and judges will typically require this. Most judges would prefer not to decide on issues of property ownership, and count-ordered mediation is the most likely outcome of an initial lawsuit. In either case, hiring an effective and knowledgeable real estate attorney can help you move past your current property dispute and on with future plans. For more information on The Benefits Of Settling A Partition Action Out Of Court, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (850) 266-7822 today.