Partition Actions in New Jersey | NJ Legal Resources | FastCounsel

Negotiating a Co-Owner Buyout Instead of Partition in New Jersey

How to Negotiate a Co-Owner Buyout Instead of Court Partition in New Jersey Detailed Answer Yes — in New Jersey you can usually negotiate a buyout of a co-owner’s share instead of filing a partition action in court. Many co-ownership disputes are resolved by agreement because a voluntary buyout is often faster, less expensive, and […]

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New Jersey: Forcing a Sale of Inherited Co-Owned Land — Partition, Private Sales, and Next Steps

Detailed Answer Short overview: In New Jersey, a co-owner of inherited real estate who cannot reach agreement with the other heirs can ask a court to divide the property or order its sale through a partition action. Courts prefer division in kind when practical; when physical division is impractical or would be unfair, the court […]

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Who Pays for a Property Survey When Co‑Owners Disagree? — New Jersey

Resolving Who Pays for a Property Survey When Co‑Owners Disagree — New Jersey Quick answer: Co‑owners should try to agree to split survey costs. If they cannot agree, the person who wants the survey can pay and ask the other owners to reimburse them, or they can ask a court in a partition or other […]

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New Jersey: Can multiple heirs keep an inherited house instead of selling it?

Options for co‑owned inherited homes in New Jersey Quick disclaimer This article explains general New Jersey legal concepts and common practical steps. It is educational only and is not legal advice. Consult a licensed New Jersey attorney about your specific situation. Detailed answer — how co‑owners can keep a house instead of selling it When […]

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New Jersey: Partition Actions When a Co-Owner Is Incapacitated and Has a Court-Appointed Guardian

FAQ: Partition action with an incapacitated co-owner and a court-appointed guardian in New Jersey Short answer: In New Jersey, when a co-owner of real property has been adjudicated incapacitated and a guardian has been appointed, the guardian generally stands in for that co-owner in a partition action. The guardian must be made a party, served […]

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How to Start a Partition Action in New Jersey

How to Start a Partition Action in New Jersey When Co-Owners Can’t Agree Detailed Answer — What a partition action is and how to begin one in New Jersey Partition is a court process that forces the physical division or sale of real property when co-owners cannot agree. In New Jersey, co-owners who hold an […]

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How to Buy Out Siblings’ Interests in a Co-Owned Home in New Jersey

Buy Out Your Siblings’ Interests in a Co-Owned New Jersey Home: Step-by-Step FAQ Disclaimer: This is general information and not legal advice. I am not a lawyer. For legal advice about your situation, consult a licensed New Jersey attorney. Short answer You must confirm ownership shares, get a current valuation, agree on a buyout price […]

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New Jersey: Forcing Sale of Family Property When Some Co-Owners Refuse

Disclaimer: This article provides general information about New Jersey law and is not legal advice. Consult a licensed New Jersey attorney to get advice about your specific situation. Detailed Answer Under New Jersey law, a co-owner of real property can generally force a sale through a court-ordered partition action when one or more co-owners want […]

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New Jersey: Rights When a Co-Owner Holds a Life Tenancy and Occupies the Property

Understanding life-tenancy occupation and co-owner rights under New Jersey law Quick disclaimer: This article is for general information only and is not legal advice. For help about a specific situation, consult a licensed New Jersey attorney. Detailed answer What a life tenancy (life estate) is A life tenancy (or life estate) gives one person (the […]

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Life Tenant Rights During a Partition in New Jersey

Short answer Yes — under New Jersey law a person who holds a life estate normally keeps the right to possess and live in the property for the length of the life estate. A remainder holder (or other co-owner with a future interest) generally cannot force the life tenant off the property simply by filing […]

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