When parties are co-invested in real estate, but unmarried, dividing real estate interests between them fall outside the statutory framework applicable in the context of divorce. In the event that people in these situations cannot agree on a negotiated settlement whereby realty is divided to their mutual satisfaction, a Petition to Partition the real estate may be required.
A Petition to Partition requests that the court determine the equitable interest a party has in real property. The court then divides that equitable interest between the property owners. Contribution to the acquisition, upkeep and maintenance of the property are relevant considerations for the court. Often the court will appoint a Special Master to administer the liquidation of real property within a partition action.
Petition to Partition actions can be costly due to increased administration costs involved in the appointment and payment of Special Masters and Realtors. Experience counts in this context because a negotiated settlement may save the parties tens of thousands of dollars that they may divide between them, instead of paying to third parties. Attorney John G. DiPiano is experienced in successfully handling Petitions to Partition and in maximizing his client’s recovery in such situations. Of course, some cases simply cannot be settled and must be tried. In this case, Attorney DiPiano is a seasoned and talented Probate Court Litigator.