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Partition Action: Can It Help You Sell Jointly-Owned Inherited Property?

If you and your adult sibling inherit property from your deceased parents, you may wish to sell the home in order to avoid potential problems with your sibling. But if your sibling refuses to sell the property, you may want to file a partition action suit to solve the issue. You'll need the help of a local inheritance attorney to file the suit for you. Learn more about partition action and how an inheritance attorney can help you file a suit in court.

What's a Partition Action Suit?

Although many heirs choose to keep the property they receive or inherit from their loved ones, some people choose to sell their property right away. However, the individuals who wish to sell their inheritance may encounter problems if the other parties or heirs don't wish to do so. The individuals may be able to force the sale of the property through a partition action.

Partition action allows an individual who receives or inherits a piece of property with one or more people to forcibly sell the property through court. Once the property sells, each heir receives a share of the proceeds and any other funds related to the selling of the property.

If you think filing a partition action suit is something you should do to solve your situation, contact an inheritance attorney to help you do so.

How Can an Inheritance Lawyer Help You?

Filing a partition action suit in court isn't something you want to take lightly. Your sibling may try to stop the suit before you have a chance to file it. However, once an attorney files a partition action suit on your behalf, your sibling may not have the ability to stop it. 

Before an inheritance lawyer files a partition action suit on your behalf, they'll need to go over your deceased loved ones' wills. An attorney needs to see if there's anything in the documents that prevents selling the property, such as bequest and residuary clauses.

These clauses can determine how and when the court distributes a deceased individual's property and other assets after they pass. If your loved ones' will doesn't contain special clauses that prohibit the property's sale, an attorney can proceed with the suit. Once the home sells, you and your sibling should receive the proceeds. A court can determine how much each person receives from the proceeds before or after the property sells.

If you need help filing a partition action suit in court soon, contact an inheritance attorney for more information today.