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When two unmarried people co-own real property and wish to terminate their shared ownership, they can file a Petition to Partition asking the court to facilitate the equitable division of their property. The judge can order the creation of multiple individually owned properties, that one co-owner purchase the other owner’s interest in the property, or that the parties sell the property and divide the proceeds between them.
Lydon Law represents people in partition proceedings throughout New Hampshire and Massachusetts. Our lawyers are skilled and talented litigators who do not back down from a fight. But our years in practice have also taught us that in many situations, a negotiated resolution is often best for all involved.
If you have questions about real estate partition in New Hampshire or Massachusetts, contact Lydon Law today to schedule a confidential, no-obligation appointment to discuss your situation and how we can help.
In New Hampshire and Massachusetts, unmarried co-owners of jointly-held real estate can file a Petition to Partition Property to divide their co-owned property. When feasible, the judge can divide the property and award each co-owner a portion of the property. When physical division of the property is impossible without significant prejudice or inconvenience, the court can order one co-owner to purchase the other owner’s interest in the property or order a sale of the entire property and divide the proceeds between the co-owners.
When property owners file a Petition to Partition, the court has significant discretion in determining what factors to consider and how to weigh them. Common factors that New Hampshire and Massachusetts judges consider include:
Property division in a Petition to Partition will not necessarily be equal. Instead, the court will seek to make an equitable division of property consistent with principles of justice based on its consideration of all relevant factors.
Division of real property can be complicated, and you will benefit from working with our experienced attorneys. We can protect your financial interests by ensuring a fair appraisal and distribution, that all legal documents are accurately prepared and filed properly, and by assisting in negotiations with co-owners, thereby increasing the likelihood of an amicable resolution without a court order. When litigation is the only option, we have the skills and experience to provide expert representation in court.
Successfully navigating a Petition to Partition can be complex, challenging, and emotionally fraught. Lydon Law can protect your rights and help ensure a fair and equitable result. Our lawyers approach every case with care and compassion as we seek to create an optimal solution to best serve your needs.
Contact Lydon Law today to schedule a confidential appointment to discuss your situation and how we can help.
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