Joint ownership of real property is common in part because it is practical. Real property is quite costly, and one person may not have the credit score or income necessary to qualify for a sufficient mortgage. Some people jointly inherit property from parents or grandparents and then share their interest in the property with other family members.
Whether a person buys property with their college roommate, acquires a home with a long-term romantic partner or inherits jointly with family members, they may eventually question whether continued joint ownership is the best option. In cases where there are disputes about responsibility for a property or a decision to sell that property, the civil courts can potentially help split joint ownership interests in real property.
Partition actions can divide ownership
Anyone with a shared ownership interest in real property can ask the court to divide that interest. Those with a joint interest in real property can ask the courts to intervene when they end up disagreeing with co-owners about the property. A judge can review the circumstances and determine what is fair.
Partition actions can lead to the courts ordering the sale of a property. They can divide vacant land into multiple parcels to grant one to each owner. In some cases, partition actions could even lead to a judge ordering co-owners to buy one party out because they can no longer afford to contribute toward the property or fulfill their shared maintenance obligations.
Asking a judge to help resolve a dispute regarding jointly owned real property can lead to an effective and legal solution for those frustrated by the limitations of co-ownership. Those intending to take legal action to resolve real estate disputes often need help exploring their options, communicating with the other parties involved and working toward the best possible solution, and that’s okay.