Inheriting property with siblings or co-owning a real estate investment can be a great way to build wealth. However, situations can arise where co-owners disagree on how to manage the property. If you find yourself wanting to sell a jointly-owned property but your co-owners are unwilling, a partition action might be the answer. This legal process allows you to force the sale of the property and divide the proceeds amongst the co-owners.
While a partition action can be a solution, it’s natural to wonder: How long does a partition action take? Unfortunately, there’s no simple answer. The timeframe can vary significantly depending on several factors. This blog from Rocky Rinker will delve into the factors influencing the duration of a partition action and explore the potential timeline for a forced sale.
Factors Affecting the Length of a Partition Action
Several key elements can impact how long your partition action will take:
- Cooperation of Co-Owners: If all co-owners agree on the sale and division of proceeds, the process can move swiftly. Conversely, disagreements over the sale price, hiring a realtor, or the distribution of funds can significantly lengthen the proceedings.
- Complexity of the Case: Straightforward cases with a single property and cooperative co-owners will generally progress faster than those involving multiple properties, complex ownership structures, or outstanding debts on the property.
- Court Backlog: The current caseload of the court where your action is filed can significantly impact the timeline. Busy courts often have longer waiting periods for hearings and motions.
- Availability of Legal Representation: Having experienced legal counsel can streamline the process and navigate potential roadblocks. However, scheduling conflicts with your attorney or opposing counsel can also contribute to delays.
Potential Timeline for a Partition Action with Forced Sale
While the exact timeframe can vary, here’s a general breakdown of the potential timeline for a partition action resulting in a forced sale:
- Filing the Complaint: This initial step typically takes 1-2 weeks.
- Serving Co-Owners: Serving legal notice to all co-owners can take 2-4 weeks depending on their locations.
- Discovery Phase: This stage involves exchanging information and evidence, which can last anywhere from 2-6 months.
- Mediation: Courts might encourage mediation as an alternative to resolve the issue outside of court. This can take 1-3 months depending on the parties’ willingness to negotiate.
- Trial (if necessary): If mediation fails, a trial may be scheduled. Trials can take anywhere from 3-12 months, depending on the court’s backlog and the complexity of the case.
- Sale of Property: Once the court orders the sale, finding a buyer and closing the transaction can take 1-3 months.
How Long Does It Take to Force Sale of Property?
Here’s the key takeaway: While a partition action with a forced sale can take anywhere from 12 months to 2 years or more, it’s important to remember this is just an estimate. The actual timeframe can be shorter or longer depending on the specific circumstances of your case.
Seeking Legal Guidance
Considering the complexities and potential delays involved in a partition action, consulting with an experienced real estate attorney is crucial. At Rocky Rinker, we understand the intricacies of partition actions and can guide you through the process efficiently and effectively. We will work tirelessly to achieve a swift and favorable outcome for your situation.
Contact Rocky Rinker today to schedule a consultation and discuss your specific situation.
By understanding the factors affecting the length of a partition action and seeking the guidance of a qualified attorney, you can navigate this legal process with greater clarity and confidence.