A partition allows an owner of property to obtain a court ordered division or sale of commonly owned or jointly owned property. Partitions typically arise when owners of property are unable to reach an agreement as to the disposition or sale of the commonly owned property. In a partition, an owner may seek an accounting for any profits or rents other owners received that are in excess of their allocated share or the owner may seek contribution for expenses, such as taxes, the owner incurred in excess of the owner’s allocated share. A partition may be statutory or equitable and the right type of action depends on the facts and circumstances of each case.
If you have any questions about your rights, duties and options as an owner of jointly-owned property or are interesting in seeking a partition, please contact David Ellison today. As a real estate litigation attorney serving Athens, Bogart, Commerce, Danielsville, Greensboro, Lexington, Jefferson, Madison, Statham, Watkinsville, Winder, Barrow County, Banks County, Greene County, Jackson County, Franklin County, Madison County, Morgan County, Oconee County, and Oglethorpe County, he will develop a strategy to protect your property interests.