What is involved in a suit of partition for a home?

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What is involved in a suit of partition for a home?

I have a friend who was engaged and bought a house with her fiance. They’ve since ended the relationship and are trying to come to an agreement for selling the house and splitting the proceeds. However, he seems to change his mind weekly and is getting more violent when he turns negative. She needs to know what her options are so she doesn’t loose all she has invested, won’t ruin her credit, and can get out of there quickly, safely with as much financial protection as possible. She has a list of questions but would like to find someone who will answer them in a direct and simple manner. Should she speak directly with a real estate attorney? She’s in Galveston County, TX.

Asked on November 23, 2011 under Real Estate Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It would be advisable for your friend to speak with a real estate attorney.

Partition is the division of real property or personal property  between co-owners.  Partition is the division of lands held by joint tenants, tenants in common or coparceners into distinct portions of which your friend would hold an entire portion of the partitioned/divided section.  Partition can be either voluntary or judicial.  It is voluntary if it is made by mutual consent of the parties.  It is judicial when partition is made by the court.  Every partition is either definitive or provisional.  A definitive partition is a partition that is permanent and irrevocable.  A provisional partition is a partition that is not irrevocable.  it may apply to some or all of the area to be divided.  If the land is not able to be divided into equal shares, then one party pays compensation to the other party to make the divided portions of equal value.  This payment is called owelty.


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