Pitfalls to Partitioning - Posted by George

Real Estate Investing Real Estate Law
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Posted by John Merchant on February 07, 2006 at 19:16:28:

A Partition is one of the simplest suits or causes that can be filed, but one of the most effective for breaking loose “logjams” of disinterest and “don’t bother me now” that I know of.

Sounds like you have some fear of litigating and I’d urge you to swallow that and charge on…believe me, once the PA is filed and the other parties noticed, they’ll come alive and probably get interested in doing business with you.

Can’t tell you how often I have broken things open and got my clients’ interest really working again, with just the mention of filing the PA.

I’ve even drafted the pleadings and sent them in rough form to the other parties so they’ll understand that I’m serious about doing this…generally works with little more being necessary.

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Pitfalls to Partitioning - Posted by George

Posted by George on February 07, 2006 at 15:16:17:

My concern are:

1.)Getting too deep (monetarily) into a partition lawsuit, then it suddenly fails due to some pitfall/technicality that may have been averted ahead of time if the information was previously understood/known about.

2.)Are there any legal/technical actions that can be done prior to a partition lawsuit that could complicate matters later.

3.) What are the typical costs of partitioning?

4.) What are the cons to allowing time to pass before partiitioning?