How to Force the Sale of Jointly Owned Property (Partitions)
So, have you ever thought about what happens if you own property with someone else and want to sell it?
I have. It sounds complicated. I know there are different types of ownership like joint tenancy and tenancy in common.
Exactly. In New Jersey, if co-owners can't agree on selling, it can lead to disagreements.
What's the first step in resolving that? Is it talking it out?
Yes. Attempting negotiation is the first step. Sometimes just having a conversation can lead to a friendly agreement.
That sounds reasonable. But what if that doesn't work?
Then mediation is an option. It involves a neutral third party to help facilitate discussions.
Interesting. So, it's less formal and might help everyone find common ground.
Exactly. If mediation fails, the next step is to file a partition action in chancery court.
What does that process look like?
First, you or your attorney file a petition outlining why a sale is necessary. Then, there's a court hearing.
And what happens in the hearing?
The judge assesses the situation based on evidence and contributions from each party.
That sounds fair. But if the court rules for a partition, what happens next?
If the court orders a sale, the property can be sold at auction or privately with proceeds divided according to ownership interests.
Got it. It seems like a serious decision to force a sale.
Definitely, it's important to consider relationships and the legal implications involved.
