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Butler Partition Lawyer

While divorce generally resolves the division of marital assets, sometimes the court does not make a decision on dividing jointly owned property. Or, if the couple is unmarried and owns joint property, divorce court does not apply in the first place, and the couple must use other methods to divide their jointly owned assets. In these types of cases, in which separation or divorce did not resolve a property dispute, the parties may need to pursue a partition action in the Court of Common Pleas. Here at the law offices of Bunde & Roberts, P.C., our skilled Butler partitions lawyers can help you move past this contentious matter with a favorable outcome.

When Partition Actions Apply

Real estate can be tricky to divide during divorce or separation. For one thing, the average American household has 90 percent of their assets tied up in the family home, according to Financial Samurai.

  • Married couple owns real estate jointly and the divorce does not resolve ownership of the property;
  • Unmarried couple with jointly owned property wants to separate, and they cannot do so amicably, (they cannot come to an agreement). According to CNBC, more unmarried couples are buying homes together than in the past. 15 percent of homeowners aged 24 to 35 are unmarried couples.

For example, a married couple owned a house together back in 2018 and in the divorce, they decided to each keep partial ownership of the home. The ex-wife raised their child in the home and the ex-husband helped pay mortgage payments, with the idea that in 15 years they would sell the home and split the profits evenly. Things changed, and now the ex-husband wants to sell the home, or be bought-out by his ex-wife for his share of the home’s value. In this case, divorce court would no longer apply, as the divorce was finalized a long time ago. When filing the partition complaint, damages usually include taxes, mortgage payments, maintenance, and other expenses incurred by that party. A partition requires that the property be divided fairly by the court, though the court will typically request that the parties try to resolve the issue by themselves. Because they decided to go to court, they are usually past the place where they can talk through things themselves, and instead the judge will make a decision, or appoint a partition master. The master or the judge will hold hearings, appraise the property’s value, and work toward resolving the issue.

How Partitions are Resolved

Depending on the circumstances, the court can take any of the following actions to resolve a partition dispute:

  • Divide the property into individual shares. This can be done of there are multiple acres of land, or if the property is an apartment building (each party gets so many apartments);
  • Award financial compensation to one party and the real estate to the other; or
  • Direct the sale of the property and divide the assets accordingly.

Call a Butler Family Law Partitions Lawyer

Real estate disputes can be very difficult to resolve, especially since divorce does not apply in your situation. To learn more about partitions, contact Bunde & Roberts today at 412-391-4330 to schedule a free consultation.

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