When more than one individual lay claim to a property but desire to use it in different ways, a dispute arises. Such a property dispute can drag on unnecessarily and inadvertently ruin the property in physical and monetary value.

To manage this dispute, the co-owners or one of the owners can file for a partition action. A partition action is a legal process where a court orders the splitting of an asset or assets among its co-owners. This process helps work through disagreements between the co-owners on how to use or divide the asset.

If you own property along with others, here are the five signs that you need a partition action.

1. Conflicting ownership claims over a property.

A partition action can be filed if the property owners have different claims. For example, each one of its owners claims ownership based on conflicting terms; this will lead to an unending issue to determine who truly owns it.

To avoid this, it is advised that you file a partition action so that the courts can decide who the rightful owner of the property is after a lengthy and careful process.

2. Disputes over property usage

This warrants a partition action because if the co-owners of a property have conflicting uses in mind for one asset, it is unrealistic and must be shared. A partition action can ensure each co-owner gets their fair share of the property so they can do what they want. The partition action is also helpful if they cannot decide what they wish to do with the property.

3. The sale of the property is necessary.

Say the co-owners wish to sell the property themselves but need help deciding which amount they want to sell it for, a partition action is necessary. The partition action will help to ascertain a fair price for all the parties involved without any fuss or prolonged disagreements. We, therefore, advise you to seek the counsel of an experienced attorney to handle the proceedings to avoid hitches along the way.

4. Inadequate maintenance

As expected, if a property has more than one owner, the chances that it can suffer negligence or insufficient maintenance are high. In this case, a partition action is necessary to ensure the asset is afforded proper care and maintenance. This guarantees that each owner is responsible only for their asset share.

5. Unequal distribution of property

If you discover that you and others inherited a particular asset or property unequally, you can proceed to seek a partition action. This is usually the case of the beneficiaries of said inheritance not getting an equal share of the property. In cases where you co-own property, but one party has a larger share, you can initiate a partition action to correct the unequal distribution of the shares.

If you have a property you co-own and can identify one or more of these five signs as recurrent, you will need to file a partition action. Contact an experienced estate attorney here to begin.