Should you file for a Quiet Title or Partition Action?
Co-ownership of property can trigger many types of disputes regarding the rights and responsibilities of the various co-owners. In those situations, litigation via a quiet title action or a partition action may be necessary to resolve the dispute. However, how do you know whether you need to file a quiet title action or a partition action? In today’s post, we discuss how to determine what type of action is appropriate to resolve your ownership dispute.
An action to quiet title usually arises when there is a dispute regarding the right to use, secure, or own real property in a manner that affects title. For more information regarding quiet title actions, please to refer to our previous post here. Within the context of an ownership dispute, a quiet title action may be necessary if the ownership interests of the various co-owners are uncertain or undefined.
For example, imagine that you and your partner decide to purchase a home together. However, because your partner has better credit, the two of you decide that only your partner will be on title for financing purposes. Nonetheless, you both agree that you own the property 50/50, even though one of you will not be on title. Thereafter, you and your partner have a disagreement and your partner refuses to recognize your ownership interest. Under this scenario, a quiet title action would be necessary to adjudicate your respective ownership interests in the property.
The purpose of partition action is to force a sale or division of real property co-owned by multiple people. For more information regarding partition, please refer to our previous post here. Therefore, within the context of an ownership dispute, a partition action may be necessary if one of the owners refuses to sell.
For example, imagine that you and your siblings purchase an investment property together. Thereafter, you decide that you no longer want to be in business with your siblings and demand that they either buy you out or agree to sell the property to split the proceeds. If your other siblings refuse to cooperate, in this scenario, a partition action would be necessary to obtain the relief you seek.
In some scenarios, both a quiet title action and a partition action may be necessary. If we go back to our first example, imagine that you also want to force a sale of the property and your partner refuses. In that situation, you would need to bring a quiet title action to establish your ownership interest and a partition action to force the sale.
Whether a quiet title action or partition action is appropriate depends on the specific facts and circumstances of your ownership dispute. Schorr Law has extensive experience representing clients in all types of ownership dispute, including those that relate to partition or quiet title. To see if you qualify for a free 30-minute consultation regarding your matter, please contact us by phone, email, or send us a message through our contact form.