- 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.Attorney Jeremy Dubyak is a diligent real estate attorney serving clients just like you throughout Florida. With over 10 years of experience, he’s helped hundreds of clients settle their partition actions out of court and move forward with agreeable results.
Have questions about a partition dispute? Feel free to reach out to The Dubyak Law Firm at (850) 266-7822 for an initial consultation today.
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.