St. Louis Real Estate Partition Lawyer
In real estate, property disputes are quite common. For example, two siblings might inherit the same piece of property from a parent but cannot agree on what to do with it. One sibling might want to keep it, while the other might want to sell it. In this situation, a partition action is the best way to resolve the issue.
If you are facing a partition action in Missouri, trust the lawyers at TdD Attorneys at Law LLC to protect your interests. With over 30 years of experience, our St. Louis real estate partition attorneys can help you navigate this complex litigation and achieve the best possible outcome in your case.
Why Choose TdD Attorneys at Law LLC?
- Our attorneys strive to find creative solutions to the most complex property disputes. We have first-hand experience in all matters of real estate and can help you navigate through all stages of litigation.
- Our firm has been recognized in several media publications for our outstanding track record of success, including the St. Louis Business Journal and Forbes.
- We believe that a favorable settlement is more beneficial than prolonged litigation. Your attorney will work to secure the best outcome for your case while saving you time and money.
What Is a Partition Lawsuit?
Partition lawsuits occur most often in two situations. The first is among multiple individuals who have inherited property; the second is nonmarried couples who purchased a home together and have now ended their romantic relationship. Partition basically means to separate the ownership. Our attorneys generally attempt to negotiate with the other owners to try and reach a settlement. If a settlement cannot be reached, however, a partition suit forces the sale of the property and determines how the proceeds will be divided.
How to File a Partition Action in Missouri
When you file a partition action in Missouri, the court will listen to both owners and examine their interests in the property. Then, the court will determine how to divide the property so that the partition does not favor one litigant over the other.
The law prefers to divide the property in kind, meaning that it is physically divided so that each owner receives his or her own share of the land. For example, if you and a family member inherit a large plot of rural land, the court will divide the land accordingly.
If the land cannot be physically divided without great prejudice to those with an interest in the property, the court may also order the partition of the property by sale. For example, say that the property in question is a house located in a suburb. The house cannot be divided in kind, so a sale is typically the best solution under these circumstances.
After the court determines the method of the partition, the division will take place. For partitions in kind, the court will appoint three commissioners to carry it out. If the property is being sold, a commissioner or a sheriff will conduct the sale. The person conducting the sale will then collect the proceeds, issue a deed to the buyer, and distribute the funds to the interested parties, subject to any liens, repairs, or taxes.
How Are The Attorney Fees Divided in a Partition Lawsuit
Chapter 528 of the Missouri Revised Statutes provides the authority to file a partition suit and force the sale of the property. The attorney’s fees for the individual who filed the partition lawsuit are generally paid out of the proceeds from the sale of the property before the proceeds are divided — so there is a benefit to being the first to file as the attorney’s fees are divided among all the owners. A partition suit is proper when there is no dispute as to ownership. If there is a dispute, a quiet title lawsuit may be necessary.
What Are the Benefits of Hiring a St. Louis Real Estate Partition Lawyer
Partition actions can be complex and, sometimes, very bitter disputes. Many issues can arise during these claims, and it is important to protect your best interests as much as possible. An attorney from TdD Attorneys at Law LLC can represent your side of litigation and advocate aggressively for your best interests.
Your attorney can establish your interest in the property to the court and advocate for which method of partition is best for your case. Your lawyer can help you navigate each stage of the litigation and take care of any paperwork or legal requirements on your behalf, reducing your stress during the process. As soon as possible following the dispute, speak to an attorney to discuss your next steps.
Contact Our St. Louis Real Estate Partition Attorney Today
From our offices in St. Louis, TdD Attorneys at Law LLC represents clients in counties throughout Missouri. Contact attorney Ted Disabato at (314) 276-1318 to schedule an initial consultation with an experienced real estate partition attorney today.
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