Property

If a married couple goes through a divorce, courts often divide up the marital property between the parties. This division of property can include everything from homes, vehicles, furniture, etc. Dividing the property can be worked out between the parties, through settlement negotiations, or in a series of divorce proceedings before the court. You can find more general information about how the divorce process might work in your state here: LINK

If a couple is not married, sometimes small claims court or another civil court may handle a dispute over property. If this is the case, the court may decide who the rightful owner of property is and either order the property to be returned to the rightful owner or issue a money judgment that the wrongful owner must pay to the rightful owner for the value of the property. In some situations, a person may be able to handle the division of property outside of small claims court through what is called a “partition action.” A partition action is when a person requests that the court order a sale of the property that both parties co-own and divide up the profits (or debts) associated with it. This is most commonly done with land or a home (known as “real property”), but may also be done with “personal property” (for example, if two people jointly buy a car and can’t agree on who should get it once they break up). 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. A lawyer who can examine your situation can hopefully help you determine how best to proceed.

More information about suing someone in civil court is available on our website here: LINK TO SUING YOUR ABUSER PAGE