|Real Estate Information|
Real Estate Disputes And Partition
What if two people pooled their resources and began investing in real estate. Like many partnerships things progress smoothly for a while and then a dispute arises.
Now they seldom can stand to talk to one another and then only through clenched teeth. A sad story, but one that is not uncommon.
What if they have an undivided interest in a fourplex. They want to end their investing enterprise, but they can't agree on the disposition of the property?
An action for partition may be the only solution. That means one of the investors turns to the court to decided how and when the interest in the property will be divided.
In a partition action the owner or claimant of real property or any interest in the property may compel a partition (division) of the property between him and other owners. It may vary from state to state, but in Arizona the partition complaint is filed in the superior court of the county in which the property is situated.
The court will hold a hearing to "determine the share of interest in the property sought to be divided of each of the owners or claimants, and all questions affecting the title..."
In other words... when those who have an undivided interest in a property can't agree on disposal the court can do it for them.
Here's another example of partition in action:
If an ex-wife or ex-husband refuses to sell their home or deed their interest to the other (and the real estate is not mentioned in the divorce decree) the only way the home can be sold is through a partition action.
When a husband and wife buy a home together, they own it as "tenants by the entirety". Upon the death of one spouse, the surviving spouse automatically becomes sole owner of the property. This is known as the "right of survivorship".
When there is a divorce, the tenancy by the entirety is dissolved into a "tenancy-in-common", whereby each spouse has a one-half interest in the property without the right of survivorship. The tenancy-in-common differs from the "joint tenancy", which is common ownership with the right of survivorship.
Generally, tenants-in-common and joint tenants "in possession of real property" have the right to partition of the property. But if the separation agreement or divorce decree grants exclusive possession of the home to the wife, the husband usually is denied his right to partition.
In a partition action, real estate is either divided into distinct portions or sold at a public auction and the proceeds distributed among the co-owners (if it is not possible to divide the property).
Sometimes there is an opportunity for an investor in such a situation. If you are a cash buyer you may be able to negotiate separately with each party and buy the property. If not you can suggest partition and try to buy at the public auction.
Another opportunity comes when the two parties receive their share of the proceeds from the auction. You might be able to sell or rent them one of your homes.
Mark Walters is an investor-entrepreneur helping other investors from his Web pages at http://www.Lease-Option-Sub2.com
Buyers pulling out all stops in Lehigh Valley bidding wars, real estate agents say - lehighvalleylive.com
Buyers pulling out all stops in Lehigh Valley bidding wars, real estate agents say lehighvalleylive.com
The New Voice of Real Estate — RISMedia | RisMedia.com
Best of Inland Empire 2020: Best Real Estate Company Press-Enterprise
A&E Real Estate Personalities Face Legal Scrutiny Banker & Tradesman
REAL ESTATE TRANSACTIONS Arkansas Online
Jim Valentine: Real Estate tid bits | NevadaAppeal.com Nevada Appeal
Advanced Real Estate Launches $250M Fund GlobeSt.com
Routt County real estate sales total $60.9M for Sept. 11 to 17, 2020 Steamboat Pilot and Today
A 'Booming Real Estate Market' is Demonstrated by a Backlog of CCOs for Wayne Township - TAPinto.net
Worcester County real estate transfers, Sunday, Sept. 20 Worcester Telegram
Real Estate News | Business | postandcourier.com Charleston Post Courier
Breckenridge places 5th among US cities experiencing real estate booms during pandemic - Summit Daily News
Breckenridge places 5th among US cities experiencing real estate booms during pandemic Summit Daily News
La Crosse County real estate transfers for Sunday, Sept. 20 La Crosse Tribune
Real News | Real Estate | gjsentinel.com The Grand Junction Daily Sentinel
Dan Gilbert's safest bet? Sakthi deal moves real estate mogul into industrial space - Crain's Detroit Business
Dan Gilbert's safest bet? Sakthi deal moves real estate mogul into industrial space Crain's Detroit Business
Albany businessman launches SouthCore Real Estate | News The Albany Herald
Is Brookfield's Real Estate Business in Trouble? Motley Fool
Iredell County real estate transactions: Sept. 4-12 Statesville Record & Landmark
Dayton's housing scene remains 'incredibly hot' through pandemic — here's why - Dayton Business Journal
Dayton's housing scene remains 'incredibly hot' through pandemic — here's why Dayton Business Journal
Inside look at Baton Rouge's real estate market and why some homes are selling in hours - The Advocate
Inside look at Baton Rouge's real estate market and why some homes are selling in hours The Advocate
A Good Time to Sell a Home, Say Real Estate Experts RisMedia.com
Marin real estate market extends pandemic rebound Marin Independent Journal
2020 Best Real Estate Projects: Bow Street Apartments - Sacramento Sacramento Business Journal
REAL ESTATE TRANSFERS | News, Sports, Jobs SalemNews.net
Temperatures Are Cooling But REALTORS® Are Anticipating a Hot Real Estate Market This Fall - Kansas City Star
Temperatures Are Cooling But REALTORS® Are Anticipating a Hot Real Estate Market This Fall Kansas City Star
Real Estate Investments in the Time of COVID-19 Wealth Daily
Is fall the new spring for real estate in 2020? Washington Blade
Dick Crosby, a 'gentle giant' of Rockford real estate, dead at 92 Rockford Register Star
Greenwich Real Estate Report: Sept 11-Sept 18, 2020 Greenwich Free Press
Manhattan Real Estate Update: What's Your Strategy? westsiderag.com
Phoenix real estate firm makes its first deal, buys $50M building from car retailer - Phoenix Business Journal
Phoenix real estate firm makes its first deal, buys $50M building from car retailer Phoenix Business Journal
2020 Best Real Estate Projects: Sutter Roseville Medical Center expansion - Sacramento - Sacramento Business Journal
2020 Best Real Estate Projects: Sutter Roseville Medical Center expansion - Sacramento Sacramento Business Journal
Moore Real Estate | Fort Worth Fort Worth Star-Telegram
Recent Commercial Real Estate Transactions The New York Times
Favorable conditions for real estate sellers exacerbated by pandemic, experts say - The Keene Sentinel
Favorable conditions for real estate sellers exacerbated by pandemic, experts say The Keene Sentinel
Huntsville near top of Zillow list for real estate markets to watch Birmingham Business Journal
The 4 Cornerstones of Real Estate — RISMedia | RisMedia.com
Mr. Met: Meet Steve Cohen and Get to Know the Mets' Real Estate and Finances Commercial Observer
'Wave of foreclosures' expected to hit commercial real estate market Houston Chronicle
This Week in EG Real Estate: 18 New Listings – East Greenwich News East Greenwich News
Real Estate: Mitigating fire danger on your property Tahoe Daily Tribune
Commercial Real Estate Leadership Award winners revealed Puget Sound Business Journal (Seattle)
Sandusky County real estate transfers The News-Messenger
2020 Best Real Estate Projects: Ernest E. Tschannen Science Complex - Sacramento - Sacramento Business Journal
2020 Best Real Estate Projects: Ernest E. Tschannen Science Complex - Sacramento Sacramento Business Journal
Real Estate Transfers: Sept. 20, 2020 | Business | messenger-inquirer.com messenger-inquirer
Real Estate – September 17 Greenfield Daily Reporter
Firm Real Estate plans redevelopment of 6-story Eastern Market building into apartments - Crain's Detroit Business
Firm Real Estate plans redevelopment of 6-story Eastern Market building into apartments Crain's Detroit Business
2020 Best Real Estate Projects: Gio Apartments - Sacramento Business Journal - Sacramento Business Journal
2020 Best Real Estate Projects: Gio Apartments - Sacramento Business Journal Sacramento Business Journal
Real estate exec sells Boca Raton home for $5M The Real Deal
Real estate investor buys neighbor's house for $6.3M Miami Herald
Martha's Vineyard News | Recent Real Estate Transactions: Week Ending Sept. 11 - The Vineyard Gazette - Martha's Vineyard News
Martha's Vineyard News | Recent Real Estate Transactions: Week Ending Sept. 11 The Vineyard Gazette - Martha's Vineyard News
Sold: Search the latest Macon County real estate transfers Herald & Review
Real Estate in the Time of COVID-19 - CStore Decisions Convenience Store Decisions
Why Los Feliz is a hot spot for celebrity real estate The Eastsider LA
Palihapitiya finds next '10x idea' with $4.8 billion SPAC deal for real estate start-up Opendoor - CNBC
Palihapitiya finds next '10x idea' with $4.8 billion SPAC deal for real estate start-up Opendoor CNBC
Providence Real Estate Names CEO Inside INdiana Business
RealLife Tiny Homes sells first model, looking for more development sites - Cincinnati Business Courier
RealLife Tiny Homes sells first model, looking for more development sites Cincinnati Business Courier
Real-estate transactions: Sept. 18, 2020 - News Pekin Daily Times
Fort Worth’s Crescent Real Estate adds to hotel holdings with Georgia purchase - The Dallas Morning News
Fort Worth’s Crescent Real Estate adds to hotel holdings with Georgia purchase The Dallas Morning News
Hot real estate market: Worcesters West Side makes a top 10 list Worcester Telegram
Michelle LaFountain Awarded New Real Estate Designation Saratoga TODAY Newspaper
Sellers, Are You Having A Hard Time Selling Your Home?
Sue and Chuck DeFiore have the perfect solution for you - Lease Purchasing your home!What is Lease Purchasing?A Lease Purchase is a process that combines a basic rental lease with an agreement to purchase, or with an option to purchase the property. The Buyer (or Lease-Purchaser) pays to the seller a monthly payment that usually approximates a rental amount or a typical mortgage payment on the home.
Real Estate Investing Is A Better Gamble Than The Lottery
Real estate investing begins when you move to the starting point.Get ready.
How Professional Property Investors Interpret and Use Capital Growth Statistics
Understanding and using yearly price growth statistics in an area of interest is critical to making successful property investments decisions.Property price growth is usually expressed in terms of a percentage i.
How Real Estate Investors Use Mortgage Note To Purchase Properties
Many of you may not be aware of the various ways notes can be used. The average person's understanding about notes is that people create them because they are desperate to sell a property.
Real Estate Development Marketing
A Specialist Article For Those Interested In Real Estate Development From the desk of Colm Dillon ..
10 "No Money Down" Ways to Buy Real Estate
Turn the Television on any Sunday morning and you'll find yourself in the middle of a "how to buy real estate" infomercial. Can you really buy a house with no down payment? Can you really make thousands or millions of dollars buying real estate.
What Is a CMA
"CMA" is an abbreviation real estate agents use for a Comparative Market Analysis. A CMA gives an estimated sale price for a property given current market conditions.
Real Estate: Buyers Agent, Sellers Agent & Dual Agent (defined and explained)
There is a relatively new and not always well understood practice in Real Estate sales; it is called Buyer Agency or Buyer's Agent. Until recently Realtors and agents usually represented the seller, in opposition to the buyer, during the real estate transaction.
Jacksonville Real Estate Listings
With over 30,000 residents, Jacksonville in central Arkansas is a thriving city that offers many opportunities for both longtime residents and newcomers alike. About 20 miles from the state capital of Little Rock, the city is expanding in many ways.
10 Tips for Investing in Distressed or Foreclosed Properties
1. Search on the world wide web for distressed or foreclosed properties as a starting point.
Is 100% Annual Return On Investments Possible With Low Risk Land Investments?
In last week's article, we discussed how substantial profits could be made by investing where baby boomers may want to relocate or buy a second home. This seemed to confuse readers since they were thinking that our web site is about preconstruction and preconstruction to them means buying condos?? In this article, I hope to broaden your horizons considerably.
Negative Gearing - It's Not to Your Benefit!
The concept of negative gearing has been originally developed to encourage real estate investment in Australia by allowing any income losses from property investment to be deductible from other income as a tax benefit. This means that the taxable income of the owner will be reduced after the deduction and therefore the total tax payable is also reduced.
Property Investing Secrets 7
Property Investing Secrets:How Buying Real Estate Is Like Planning a Trip to the Greek IslandsOne you start property investing, one important tip is to press the flesh with the real estate agents in the areas where you plan to buy. Because property investing is a bit like buying a holiday package, you must separate yourself from the rest of the investors by giving the real estate agents the information they are looking for in your first face to face meeting.
Home Staging: How to Make Your Tract Home Stand Out in the Crowd
Home sellers who wish to market their property in development neighborhoods face tough challenges. All the houses look similar.
You Have 15 Seconds to Sell Your Home! 11 Steps You Can Take to Sell Your Home for Top Dollar
Selling your home? Here are some suggestions to help you sell yours for more than your next door neighbor's, and faster! Most buyers will know within 15 SECONDS after crossing the threshold if they want your home. But first, you need to attract them inside!11 steps to take to sell your home for top dollar1.
How to Research and Purchase a Good Investment Property
How much do you really know about investment property? Accurate research and professional expertise applied to the purchase of an investment property builds a solid foundation for financial success. You may want to work with a REALTOR who can help to identify the great opportunities in investment properties in the area of your choice.
Purchase Online Tenancy Agreements
Buy an on-line Tenancy Agreement now. As a landlord and also as a tenant it is important that there is a comprehensive tenancy agreement in place to protect both parties.
Grab Quick Profits As Real Estate Prices Soar
Real estate values rise and fall in cycles. Currentlyhome prices are nearing a top in many areas.
Get Rich With Mobile Homes
Does the myth that mobile homes depreciate in value keep you from investing in them? Well, they do lose value in a park, on a rented lot. Mobile homes with real estate, however, are an entirely different investment.
Buying a Home in Westminster
The city of Westminster is centrally located in the Denver metropolitan area. Its easy access to amenities in both Denver and Boulder really coax investors into buying a home in Westminster.
|home | site map|
|© 2006 TIGER MEDIA|