Co-Ownership Issues

Co-Ownership Disputes.

Co-ownership disputes between tenants in common, joint tenants, and partners are common. Mediating a solution can be challenging because both economic and non-economic factors are involved. Recognizing and addressing these factors early on can guide the client to a resolution that allows all parties to continue their co-ownership. If the co-ownership is to continue, creating or amending a co-ownership agreement to prevent further conflict is essential. If the co-owners cannot resolve their differences, a sale can occur voluntarily based on a mediated agreement.

Partition Actions.

When co-owners are unable to either resolve their dispute or agree to sell their property, each co-owner has the right to sue for partition of the property, unless their co-ownership agreement restricts that right. The purpose of a partition action is to force a sale of the jointly owned property. If a party refuses to cooperate, the judge can order a forced sale and can appoint a receiver to take control of the property to carry out the judge’s orders.

Title Issues.

Most co-owners, whether married couples, domestic partners, tenants in common, joint tenants, are uncertain what form of title they have or what the consequences are. This can lead to problems over time and complications the client never dreamed of. It is very important to find out what form of title you have and what it means. Our office is happy to assist any property owner in obtaining this vital information. If a problem has arises, we will assist co-owners in determining the best way to resolve it. Solutions may include reforming a grant deed to correct the form of title, or even removing an individual from title.