Partition actions are rarely used, but are important real estate maneuvers in Pennsylvania. Client starting receiving tax delinquent notices for a property that she was not aware she owned. Turns out it was a family member’s property that she had the good fortune to inherit. The challenge became when it was discovered that the property was co-owned with another individual.
When a person wishes to sell a property that is co-owned with another individual a partition is required. The link below has more information regarding partition actions in to Pennsylvania:
https://www.pacodeandbulletin.gov/
Client hired Kenny, Burns & McGill to help get her interest in the property. The team at KBM filed a partition action at Philadelphia City Hall, located at 1400 John F. Kennedy Boulevard. The other side claimed that it was worth only $66,000. Now the property is located in the very popular location of Point Breeze, in Philadelphia. KBM hired its own expert, a real estate appraiser who took another look at the property. Turns out that the property is worth in excess of $275,000.
Kenny, Burns & McGill made the following arguments in its claim for relief:
No person other than the parties to this suit has any interest in the Property, which is presently in the sole possession of the Defendant, to the continued detriment of the Estate.
Upon knowledge, information, and belief, Defendant is operating a bar or other liquor establishment out of the Property.
The Estate has no lawful recourse to recover or otherwise protect its interest in the Property, except by filing this action.
Plaintiff requests that the Property be partitioned for sale. Such mode of partition is more equitable than division under the instant circumstances as the topography does not allow for a division and the Property has a house or business on it and therefore does not allow for any practical way to otherwise partition the property.
Upon knowledge, information, and belief, no partition or division of the Property has ever been made.
WHEREFORE, Plaintiff demands that:
This Honorable Court decree partition of the real estate;
The share or shares to which the respective parties are entitled be set out to them in severalty and that all proper and necessary conveyances and assurances be executed for carrying such partition into effect; and that, if the said real estate cannot be divided without prejudice to or spoiling the whole, such proper and necessary sale or sales of same may be made by such persons and in such manner as the Court may direct;
Such other and further relief be granted as the Court deems just and proper under the circumstances.
When you have legal troubles in real estate, text or call Kenny, Burns & McGill for a free consultation: (215) 423-5500.
By
Kenny, Burns & McGill
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Published
January 27, 2020
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Posted in
Firm News, Real Estate
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