Property

Generally, many states allow a person to file a complaint for the court to “partition” jointly owned property through a court case called a “partition action.” What this generally means is that the judge can decide how much interest each party has in the property and then may divide the property according to that interest. If dividing those interests requires the property to be sold, the judge may order that. Usually, actions for partition of property involve what is called “real property,” which means land of some sort. For example, if two people bought a home together or bought a farm together and later decide to go their separate ways, the judge may be able to order that the land be partitioned. In some states, a person may be able to also request that the court order a sale for “personal property,” such as a car, and divide the profits (or debts). For example, if two people jointly buy a car and can’t agree on who should get it once they break up, one person could file a partition action and ask the judge to force a sale of it. You may want to speak with an attorney familiar with the laws in your state [HYPERLINK] to get advice about the pros and cons of filing a partition action and to think through any other options you may have.