Rockville, MD Partition/Allotment Attorneys

Lawyers Assisting With the Partition or Allotment of Real Estate in Rockville, Maryland

When multiple people own real estate together, these arrangements may work well as long as everyone agrees on how property should be used or managed. Family members or friends may decide to purchase property together, business partners may co-own commercial property, or a home or other property may be left to multiple family members as an inheritance. Unfortunately, disagreements may arise over who can use a property, how it should be managed, or whether it should be sold. Co-owners may find themselves stuck, unable to sell, improve, or use property without cooperation from others.

These situations can be addressed through partition and allotment actions that may divide or sell property. At Fox & Moghul, our real estate attorneys work with clients in Rockville to determine the best ways to handle disagreements over property they co-own with others. We can provide guidance on the best approach to take in these cases, and we can make sure the right steps are followed when handling these matters through litigation in court or by reaching agreements between co-owners.

Whether working to negotiate buyouts or taking legal action to complete a partition or allotment, our lawyers have the experience needed to help our clients protect their interests. We have successfully represented clients in a large number of real estate litigation cases, and our attorneys serve as educators for other legal professionals, helping them understand real estate law and the procedures followed during litigation. We are known for the quality of the services we provide for our clients, and we have received many awards recognizing our achievements.

Disputes Among Co-Owners of Real Estate

There are many reasons why people who share ownership of real estate property may encounter disputes. One owner may want to sell the property while the others may wish to keep it, and there may be no way to reach agreements on what should be done. This issue may arise in cases involving inherited real estate, especially when one person is living on a property and does not wish to sell it.

Disagreements may also arise over who should pay property taxes, insurance, and maintenance costs. When property is co-owned by family members, one party may believe they have made the majority of the contributions to the property, or a person may feel that they have been excluded. When the relationships between co-owners break down, continued joint ownership may no longer be practical.

Resolving Disputes Through a Partition Action

When co-owners cannot reach an agreement on how ownership of a property should be handled, one party may file a partition action in court. This will ask the court to divide the ownership interests in the property.

A partition in kind will physically divide a property into separate parcels. Each co-owner may receive a parcel that is proportionate in size or value to their ownership interest in the property. This approach may work in cases involving larger parcels of land that can reasonably be divided into separate parcels that will maintain their value. Courts may consider several factors when evaluating whether a physical division of property will be appropriate, including the layout of the land, whether each parcel will have access to roads, and any buildings or structures that are currently on the property.

When a property cannot be divided into separate parcels, the court may order a partition by sale instead. This approach may be necessary in cases involving single family homes, small commercial buildings, or land that is too small to be subdivided. When a property is sold, the proceeds earned through the sale will be distributed among the co-owners according to their respective ownership interests.

Assuming Ownership of Property Through an Allotment Action

In some cases, one co-owner may wish to keep a property rather than have it be divided or sold. An allotment action will allow a co-owner to assume sole ownership of a property. They will typically be required to pay the other co-owners for the fair market value of their ownership interests in the property. This can resolve any competing ownership claims and make sure a person will have the right to own and manage their property on their own.

The allotment process will typically require a court-ordered appraisal to establish the value of the property. This will serve as the basis for calculating the amounts that a person will need to pay to the other co-owners for their share of the property. An allotment can provide a practical solution in situations where one person is living on a property or uses it more than the other co-owners, ensuring that the person can assume full control of the property while providing compensation for the share of the property owned by others.

Resolving Disputes Among Co-Owners of Real Estate Property

Whether a partition in kind, a partition by sale, or an allotment may be the best solution for resolving conflicts among the co-owners of property will often depend on the type of property involved and the goals of each of the co-owners. Our attorneys can help clients assess how a property's size, how it is used, and any existing improvements may play a role in a partition or allotment case. We will advise clients of their options and work to resolve any disputes related to the ownership of property, ensuring that they will be able to complete ownership transfers correctly while protecting their interests.

Contact Our Rockville Partition and Allotment Lawyers

When people who own real estate together encounter disputes, they may feel like there is no way to find a solution that will make everyone happy. By understanding the options that are available, people can make the right decisions about how to proceed as they divide, sell, or transfer ownership of property. At Fox & Moghul, our real estate lawyers can provide the legal help needed to complete partitions and allotments correctly while advocating for solutions that will protect our clients' interests. Contact our Rockville, MD partition and allotment action attorneys at 301-409-5316 to set up a consultation.