What is a sale by partition? Is this the appropriate remedy when a spouse in a divorce action refuses to list the home for sale?
Full Question:
What is a sale by partition? Is this the appropriate remedy when a spouse in a divorce action refuses to list the home for sale?
05/31/2007 |
Category: Divorce ยป Property Set... |
State: Florida |
#6090
Answer:
An action for partition usually arises when there is a dispute as to how to divide property, or in a dispute as to whether property should be sold. One co-owner of real property can file to get a court order requiring the sale of the property and division of the profits, or division of the land between the co-owners, which is often a practical impossibility. Normally, a partition order provides for an appraisal of the total property, which sets the price for one of the parties to buy out the other's half. The judge handling your divorce proceeding has the authority to order a partition of the property.
