Owning real property – a home, a business or another real estate – is part of the American dream. It is both a source of pride and an important source of wealth/equity. At Pickard Law, P.C., our attorneys have considerable experience in all aspects of real estate transactions, whether buying or selling a home, commercial properties, partitions and property disputes as well. At every step, we will ensure that your rights and interests are protected to the full extent of the law.
We frequently assist client with real estate matters, including to:
Real estate matters can vary greatly in complexity, and our firm will never recommend a higher level of service than you need. After a consultation, we will identify viable options to resolve your situation and advise on the merits of each.
When ownership is disputed in any way, it is critical to seek court intervention with the help of an attorney. Our attorneys have particular experience representing clients in partition actions and other real estate disputes. We are ready to help you assert your ownership rights and equity stake in a litigated dispute over real property.
If numerous parties co-own real property or ownership is disputed, any one of those parties can pursue a partition action, asking a court to determine who owns the property and/or how it should be dealt with.
It is important to note that courts will typically refuse to issue a final judgment until all parties with an interest in the property have become a party to the lawsuit. This includes self-proclaimed owners as well as lenders. Even if you weren’t the party to initially file the partition action, it is wise to retain an attorney to represent your interests in the dispute.
Assuming that all parties to the lawsuit can make a valid claim for partial ownership of the property, court-appointed commissioners have two basic options for resolving the dispute. If the property can be divided up and apportioned to each party, commissioners will generally do this.
If the property cannot be divided up (because it contains a single-family residence, for instance), the commissioners will need to sell the property in a public sale and split the proceeds among owners. A sale can also be requested by the putative owners.
Resolutions to partition actions are rarely as simple as an equal split of real property or assets from the sale of that real property. The property or proceeds must be divided equitably according to each party’s ownership interest.
Our attorneys will begin by helping demonstrate that you have an ownership stake in the property. After that, we will present additional evidence and arguments for why you deserve more than an equal share of the real property or proceeds from a sale. This evidence may include your contribution to the property’s:
Our attorneys will help you locate or create necessary documentation and records to demonstrate your ownership of and contributions to the real property.
