How Long Does a Partition Action Take?

When multiple parties own a property, one joint owner can force a sale against the other co-owners. The problem between the owners may be due to missed mortgage payments, an unwanted inherited property, or issues with property management. A partition action or forced sale can occur, but how long does a partition action take?

Real estate transactions involving multiple co-owners are typically complex cases that require the legal counsel of a Phoenix, AZ, real estate lawyer. We have years of experience practicing property law at Anthony Law Group. Review our post below to gain a better understanding of the partition action process and the time it may take to sell jointly owned real estate.

What Is a Partition Action?

It is difficult to answer “How long does a partition action take?” without understanding what a partition lawsuit entails. The partition process refers to the forced sale of real property when there are two or more co-owners. This civil procedure is necessary when one property owner wants to sell and has a legal right to do so, but the others do not want to sell.

Years ago, the term “partition” in real estate referred to the physical division of land among all owners. Now, the division may refer to the court-ordered sale of a property through the open market or a public auction, with the co-owners splitting the proceeds.

A partition case can also involve property appraisals. The involved parties could purchase the other co-owner’s interest according to the property’s appraised value.

In many cases, the building’s title owner has an absolute right to partition by sale, regardless of co-ownership agreements. Court hearings can resolve the sale of the property by dividing the sale proceeds according to ownership interests. Acquiring enough money to buy out the other owners may also be an option.

What Is a Forced Sale of Jointly Owned Property or Inherited Property?

The court determines whether a co-owner can sell their property in a partition complaint. It also oversees the division of proceeds.

You do not have to go through a partition lawsuit and court proceedings to force a sale with your joint tenants. Sometimes, threatening legal work or persuading other co-owners into a voluntary sale or buyout agreement is enough to “force” a private sale.

In addition to reaching an agreement, mediation and negotiation are other methods of avoiding a court action.

Many people encourage mediation as a means to resolve conflicts between co-owners without going to court. The best course of action is when all parties agree to the sale of the property. If mediation fails, you can file a partition action with the help of a qualified attorney to resolve the issue.

How Long Will the Legal Process Take if One Party Wants To Sell the Property?

How long does a partition action take? If you are ready to sell a property but have difficult co-owners, your partition lawsuit process could take six months to a year or longer to resolve.

Multiple factors, including the following, can impact the real estate litigation timeline:

• Cooperation of co-owners: If all the owners agree to the sale, there is no need to seek court approval. However, disagreements over the distribution of funds and the sale price can extend that time.
• Court backlog: The courts in your area may have a substantial caseload, leading to longer waiting periods.
• Availability of legal counsel: You would need the legal knowledge of a partition lawyer to help navigate roadblocks in your case, but scheduling conflicts can cause delays.
• Complexity of the case: A partition action can be relatively straightforward with amicable co-owners and an experienced attorney. Yet, the more complicated your case becomes, the longer it will take to resolve.

The Average Timeline for a Partition Action With a Forced Sale Between Co-Owners

The exact timeline for a partition action varies case by case. Here is what you could generally expect if you go through the courts to sell your property to a new owner via a partition action:

• Filing the complaint: It may take up to two weeks to file your complaint with the courts.
• Serving joint property owners: The property’s co-owners would receive a legal notice regarding the claim, which could take two to four weeks to arrive.
• Discovery phase: The case will undergo a discovery phase, during which all parties exchange information and present evidence. This step could take up to six months.
• Mediation: The court may encourage mediation before trial, resulting in one to three months of negotiations.
• Trial: If mediation fails, you may go to court, which could take three to 12 months for the judge to render their final decision.
• Home sale: The court-ordered property sale could take one to three months.

Average Attorney Fees and Other Partition Action Costs

Legal fees for partition cases can be costly. Even simple cases could generate attorney costs exceeding $5,000. Fees for contested or complicated cases can exceed $20,000, excluding other court fees.

The money adds up quickly because attorneys operate on an hourly basis. Collecting evidence and filing paperwork is time consuming. It is often possible to pay attorney fees from the proceeds of the home sale.

Can One Owner DIY Legal Forms?

To win a partition action, you should hire a real estate attorney. You could save on lawyer fees by filing the complaint yourself. Forms could cost hundreds of dollars instead of thousands, but taking this route may not be ideal if a lot of money is at stake.

Seek Legal Guidance for Your Partition Action Against Other Owners

How long does a partition action take? Unfortunately, there is no specific timeframe for these court procedures, as several factors can impact it; however, the general timeline is typically six to 12 months or longer.

Before selling a property with a co-owner, seek legal guidance from an experienced real estate attorney at Anthony Law Group in Phoenix, Arizona. We can answer your questions, provide legal advice, and assist you in navigating the legal process for selling your property.

Schedule your free consultation with Anthony Law Group by calling (602) 362-2396.