Probate & Inheritance
What Is Partition Action?
A partition action is a lawsuit that forces the sale or division of property owned by multiple people who can't agree on what to do with it. It's a last resort for co-owners of inherited or jointly held real estate.
When co-owners of a property — often heirs to an inherited home — reach an impasse, any one of them can file a partition action asking the court to resolve it.
For most homes, which can't be physically divided, the court orders the property sold and the proceeds split among the owners according to their shares. The process is slow and the legal costs come out of everyone's proceeds.
Because partition is expensive and adversarial, co-owners are almost always better off agreeing to a voluntary sale. A cash sale that all parties sign avoids the cost and delay of litigation.
Have a property you need to sell?
Diamond Home Buyers makes fair cash offers across Michigan, Tennessee & Florida — any condition, any situation. Close in as little as 7 days.