Greensburg Partitions Lawyer
Family law settlement agreements and divorce orders are intended to resolve all your disputes, including those regarding marital property. However, some issues may fall outside of the Pennsylvania divorce code, especially in situations where unmarried couples own property jointly or where your divorce action didn’t resolve distributing a joint asset. Some divorcing couples may even choose to continue co-owning some property after their divorce because they somehow believe they can remain amicable. However, plans, feelings, and lives change. If you have unresolved property disputes after your separation or divorce, you need to speak with a Greensburg partitions lawyer.
At Bunde & Roberts, P.C., our legal team is here to help. There are provisions under Pennsylvania law that will allow you to resolve matters like this.
What Is a Partition Action in Pennsylvania?
If the court grants a divorce that doesn’t resolve ownership of marital property, or you are an unmarried couple who owns real estate jointly, and you suddenly become involved in an ownership dispute, you must look at other legal remedies outside of the Pennsylvania Divorce Code. That is because there is no divorce action attached.
Under Pennsylvania law, the parties may address this issue by pursuing a partition action in the Court of Common Pleas. Pennsylvania partition actions are governed by state statute. Owners must have joint title to qualify for a partition action. To start one, one owner needs to file a complaint, which details the property, who the co-owners are, and a description of the filing party’s interest in the property.
In the complaint, you can include a claim for damages, such as mortgage payments, taxes, maintenance, or other expenses that are related to the property. The complaint is asking the court to divide your property in a fair way in light of your respective investment and interest in the property.
If you cannot resolve the partition on your own, the judge will either appoint a partition master or hear the case themselves. A partition master is usually a local attorney. Whoever is overseeing the action will inspect the property, conduct one or more hearings, obtain an appraisal in some cases, and work toward reaching a fair resolution.
Potential Outcomes of a Greensburg Partition Action
Greensburg courts have several options for resolving your partition action. Factors such as the nature of the property and ownership and the circumstances of the parties can influence the outcome of a partition action. Possible outcomes include:
- Awarding one owner the full rights to the property and compensation to the other party;
- Dividing the property into individual shares when possible (i.e., different apartments or acres);
- Leaving both parties with unequal ownership, award a portion of the property to each person, and order the owner with the larger portion to compensate the other party for the difference; or
- Direct the sale of the property and subsequent distribution of proceeds from the sale to each party as required.
Skilled Representation from a Knowledgeable Greensburg Partition Action Lawyer
The skilled Greensburg family law attorneys at Bunde & Roberts, P.C., have experience successfully handling partition actions for numerous clients. If you need assistance with unresolved property disputes in Western Pennsylvania, contact our office today at 412-391-4330 to schedule an initial consultation.