Fairfax Partition Attorneys
Providing Sound Legal Advocacy Throughout the Process
When two or more people own a piece of real estate and their relationship becomes strained or dissolves, determining how to divide the property could be challenging. In some rare cases, the home could be split equally between the owners, which is called “partition in kind.” Most often, however, the property involved is improved with a home or other structures, and division is, therefore, not possible. In situations where the individuals can’t agree on how to divide the real estate, the parties involved could take legal action and have the matter handled by the court.
Pursuant to §8.01-81 of the Code of Virginia of 1950, as amended “[t]enants in common, joint tenants, executors with the power to sell, and coparceners of real property, including mineral rights east and south of the Clinch River, shall be compellable to make partition and may compel partition.” If you fall into one of these categories, and there is a disagreement as to how the property should be split, speak with our team at Keithley Law, PLLC. We have years of experience handling various real estate matters and will use our knowledge and skills to provide the insightful legal advocacy you need. Understanding that dividing a home could have financial, as well as emotional, impacts on your life, we will provide focused and individualized attention to seek a favorable outcome on your behalf.
Discuss your case with our team by calling us at (703) 454-5147.
Pursuing a Partition Lawsuit
Unfortunately, when disputes about how a home should be divided arise, a number of issues can occur: Both parties might want to keep the house, yet they do not want to own it jointly, or one person might want to maintain ownership while the other wants to sell. Often, these matters can be contentious and only resolved by filing a partition lawsuit.
A partition lawsuit means that one of the interested parties is taking the other to court to have a judge decide how the property should be divided. There might be some instances in which the property can be split equally (a partition in kind), yet most of the time, such a lawsuit results in a sale of the property (partition by sale). After the home is sold, the proceeds (minus expenses) are split among all interested parties after accounting for their respective contributions to the acquisition and maintenance of the property.
When you hire our firm to represent you in a partition lawsuit, we will thoroughly examine your circumstances and gather the necessary facts to present your case. Our team will work tirelessly and fight aggressively on your behalf to protect your rights and financial interest in the property.
Who Can File a Partition Lawsuit?
Many times, homes are owned by two or more people in varying types of relationships.
Co-homeowners could include:
- Business partners
- Family members
- Inheritance beneficiaries
Tensions and disagreements about splitting the home can arise between any of the people involved in the relationship; therefore, any of the co-owners can initiate a lawsuit to have the court decide how to best split the property. Often, when such legal action is taken, the parties involved, if they have the financial means to do so, could have the opportunity to purchase the ownership interest of the other co-owners for an agreed-upon price. If none of the co-owners can buy the home, and it can’t be physically split evenly, a commissioner will often be appointed to sell the real estate.
Partition lawsuits can involve a lengthy and complex process, which is why it’s a good idea to have an attorney help you through the matter. The Fairfax lawyers at Keithley Law, PLLC can answer your questions and let you know what to expect.
Get the Legal Representation You Need from Keithley Law, PLLC
Real estate legal matters are complicated and handling them adeptly requires having a thorough knowledge of the laws that concern them. With over 50 years of combined legal experience, our attorneys have the skills necessary to competently take on your case.