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Dividing real estate jointly owned by non-married partners  can be a challenge. In New Jersey, co-owners who cannot agree on what to do with their property may consider a partition action, a legal process that can provide a clear path forward. This guide will walk you through the steps of partitioning property in New Jersey, offering practical advice to ensure a smooth and cooperative experience.

What Is a Partition Action?

A partition action is a court procedure that allows co-owners of a property to divide or sell their jointly held real estate when they can’t agree on how to handle it. In New Jersey, the court can either physically split the property (partition in kind) or order a sale (partition by sale), with proceeds divided among the owners.

When Might You Consider a Partition Action?

In cases of amicable separation, partners often choose to sell their property voluntarily. However, if you’re facing challenges in agreeing on the sale or terms, a partition action can help formalize the process. In settled divorces, partition actions provide a pathway to resolve property issues without escalating conflict.

Step-by-Step Guide to Partitioning Property in New Jersey

Step 1: Establishing Ownership and Rights

The first step is to confirm the ownership structure of the property. New Jersey recognizes several ownership types, including joint tenancy, tenancy in common, and tenancy by the entirety (for married couples). Understanding your rights is essential, as it will affect the partition process.

Actionable Advice: Collect any documents that prove ownership, such as the property deed. Consulting a real estate attorney can help you interpret these documents and determine your rights.

Step 2: Choosing the Right Type of Partition

In New Jersey, the two primary forms of partition are partition in kind and partition by sale. Partition in kind involves physically dividing the property, which is rare for residential properties due to impracticality. Partition by sale is more common, as it involves selling the property and dividing the proceeds.

Actionable Advice: If you and your co-owner can agree on a sale, consider a private sale rather than a court-ordered auction. This can often yield a higher sale price and offer greater control over the terms.

Step 3: Filing a Partition Complaint

The partition process formally begins when a complaint is filed with the Superior Court in the county where the property is located. This complaint outlines the type of partition requested and provides the court with information about ownership and the proposed resolution.

Actionable Advice: If possible, draft the complaint with input from both parties. Presenting a unified front can streamline the court’s review and reduce potential delays.

Step 4: Navigating the Appraisal and Sale Process

In most cases, the court will require an appraisal of the property to establish its fair market value. If the property is ordered for sale, it’s typically sold at a public auction. However, in amicable cases, co-owners can request a private sale, which often achieves better financial results.

Actionable Advice: Partner with a real estate agent who specializes in court-ordered or partition sales. Their expertise can help ensure a smooth transaction and assist in maximizing the property’s value.

Step 5: Distributing the Proceeds

Once the property is sold, the court will divide the proceeds based on each co-owner’s interest. If there are disputes over the distribution of funds, mediation may be necessary. For amicable divorces, agreeing on the split beforehand can reduce potential conflict.

Actionable Advice: To avoid surprises, both parties should openly discuss how they intend to use their portion of the proceeds. Consult with a financial advisor to make informed decisions about reinvesting, saving, or using the funds for new housing.

A partition action can offer a structured way to resolve jointly held property issues, even in amicable separations. As you navigate the complexities of dividing rental properties in a divorce, seek expert guidance from The Law Offices of Agnes Rybar LLC. We specialize in helping clients find equitable, effective solutions for real estate assets during divorce. Our dedicated team is here to assist you in achieving a fair division that aligns with your long-term financial goals. Contact us today to schedule a consultation and explore how we can support you through every step of the process.

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The Law Office of Agnes Rybar, LLC, in Toms River, New Jersey, serves clients throughout Ocean County, Monmouth County and elsewhere in South Jersey and along the Jersey Shore, including many in Forked River, Brick and Lakewood.

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