What happens when you own a house with a significant other (not a spouse)? Who gets the property when their relationship fizzles out? Thankfully, it doesn’t come down to who can remain in the house the longest or the flip of a coin, but rather through an equitable Court proceeding called a PARTITION. The word PARTITION means to divide into parts. In a partition action, the Plaintiff is asking the Court to decide what the respective ownership interests are in a property and how the property should be divided. In most cases, the division is done using a partition by sale.
Instead of dividing the property (or house equity) equally in a divorce, if the co-owners are not married, the percentage of the property they get is based on how much they contributed to the property. This can be money (e.g. down payment or mortgage payments, or their work on the house (“sweat equity”).
In a partition action, the court determines how much each party owns of the property. The court next appoints a referee(s) who assists in determining the value of the property, as well as its sale. The referee files a report with the Court recommending how the property is to be sold, as well as, at what price, if the parties cannot do so themselves. From there, the Court issues an order for the sale of the property and how the proceeds from the sale will be distributed to the parties. In a partition of real estate, the Court is required to issue an order awarding attorney fees to the Plaintiff if the Court agrees that the property should be partitioned. This means that in most cases, the person asking the Court for the partition will be reimbursed for the attorney fees by the other co-owner.
If you are faced with a situation where your ex is refusing to be realistic on how your jointly owned residence should be divided, give us a call to help.
