what questions to ask an attorney about paritition suit

by Maximillia Padberg Published 3 years ago Updated 1 year ago 8 min read

Best Question to ask before and during a Partition Action

What do the courts look for in a partition lawsuit? The courts will look at two things: The parties interest in a business and/or land. ...
How much can a partition action cost? Attorney fees are determined by the attorney and vary based on the complexity of the case.
Are property owners making the best decision for the property? ...

Full Answer

What questions should I Ask my Lawyer?

Call (914) 328-6100 - Law Offices of Weiss & Weiss are dedicated to serving our clients with a range of legal services including Real Estate and Property Law cases. Frequently Asked Questions Pertaining to Partition Matters - Westchester County Real Estate Lawyer

Who can start a partition suit in court?

Partition suit related questions. 1)my father filled a partition suit case against a co owner 4 year back in district court.all the witness process completed.now court fixed date for argument.in this situation can my father withdraw the suit now?? 2)after the preliminary decree passed in partition suit either court itself start the process of final decree by appointment of a commissioner or an …

Can a probate attorney help you win a partition suit?

2) How much can a partition action cost? Attorney fees are determined by the attorney and vary based on the complexity of the case. 3) Are property owners making the best decision for the property? Are all owners being responsible?

How do lawyers negotiate settlements before trial?

Feb 19, 2021 · There is no one-size-fits-all strategy for winning a partition suit, which is why it’s so important you become clear on what you want to happen to the property at issue before the partition suit begins. Your idea of winning may not be the same as the other co-owners’ idea of winning. If you are uncertain about what you are seeking out of a partition suit, a probate …

How do you respond to a partition lawsuit?

Answer to a Partition Action Complaint in California

In the answer, defendants have an opportunity to address the allegations contained in the plaintiff's partition action complaint. If the partition complaint is verified, each paragraph in the complaint must be addressed in the answer.Sep 22, 2021

What are the steps in a partition action?

There are three methods of Partition provided by state law: (1) Partition by Physical Division, (2) Partition by Sale, and (3) Partition by Appraisal. Also known as “Partition in Kind,” a Partition by Physical Division requires the Court to divide the land by its proportional value.

Does complaint for partition need to be verified?

The party who wishes to initiate the action (the “Plaintiff”) must file a verified complaint for partition. The court will first determine the ownership interests of each of the co-owners.

What is the purpose of a suit to partition?

A partition suit is an effective remedy for resolving real estate ownership disputes, particularly ones in which co-owners cannot agree on whether to sell or keep a piece of property. Your strategy for how to win a partition action will depend on what you are seeking to do with the property at issue.Feb 19, 2021

What property Cannot be partitioned?

Self-acquired property of a member is not subject of partition as it belongs to the owner. Self-acquired property is owned by person hard earned more, gift or will.

Who can file partition suit?

Any or all of the co-owners can file a partition suit. The co-owners can be legal heirs also if it is a family property. Anyone having a share in the property which is intended to be partitioned can file the suit.

Is a partition action a lawsuit?

A partition action is a lawsuit that forces the sell of ownership in court. Whether it's a building, home, or farm, anything attached to real property can be divided and sold by co-ownership in California. California legislation has a written Civil Code Procedure to follow when ownership is dissolved or changed.

How do I stop a partition action?

In an estate, the best way to stop a partition action is to use estate planning techniques before death, such as making a will which directs for the property to be sold and to not have anyone use the property after the original owner's death, or to create a trust (if tax-appropriate).Sep 8, 2020

What does partition in kind mean?

Partition in Kind (also known as Actual Partition) occurs simply when the property is divided, equitably and fairly, between the multiple owners. Each co-owner will own a certain percentage of the property. Courts tend to favor this approach because it does not require someone to sell their property against their will.

Can the court make me sell my house?

The court certainly has the power to order a sale of your house, but whether it will do so depends upon whether that is the appropriate thing to do in the circumstances.Jan 24, 2020

What is a waiver of partition?

In a written co-ownership agreement, they agreed to waive any right that they may have to seek partition of the property without the prior written consent of the other. The agreement purported to bind third-party purchasers, as well as the heirs, personal representatives, successors and assigns of the signatories.Nov 4, 2020

What is an order for sale of jointly owned property?

If one tenant no longer wants a stake in the property, they can either sell their share — to a new owner or one of the existing tenants — or force a sale of the whole property by applying to the court for an “Order for sale”.Feb 26, 2021

Key To Winning A Partition

The key to winning a partition action is to get as organized as possible. Maintain all relevant documentation. Having all your ducks in a row can more likely help win a partition action.

Best Question to ask before and during a Partition Action

1) What do the courts look for in a partition lawsuit? The courts will look at two things:

Do I Need an Attorney for a Partition Action?

Get to know the attorney and see if he/she is the lawyer you want to advocate for you. Come with a list of questions. It is best to speak to an experienced partition attorney, business attorney, real estate attorney, or estate planning lawyer that is familiar with the laws in your area.

What is partition suit?

A partition suit is an effective remedy for resolving real estate ownership disputes, particularly ones in which co-owners cannot agree on whether to sell or keep a piece of property. Your strategy for how to win a partition action will depend on what you are seeking to do with the property at issue. A lawyer well-versed in real estate disputes can ...

Is the right of partition absolute?

Since a person usually cannot be forced into maintaining ownership of real property they do not want, the right of partition is absolute. Below are some of the questions you should ask yourself before bringing a partition suit.

How to feel comfortable with an attorney?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

Do attorneys have conflicts of interest?

Attorneys in every state have an ethical obligation to advise you of any conflict of interest. Still, you should ask the question. If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly ...

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

What is the process of a civil case?

In civil cases, your lawyer might propose mediation , a settlement negotiation process involving a neutral third-party. Other times, arbitration might be an option. Arbitration— using a private service to adjudicate a dispute—is a less formal, less costly, and faster way of getting a decision in some civil matters.

How can a lawyer save you money?

Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well.

What is contingency fee?

In cases where you are suing for monetary damages, the lawyer may represent you for a “contingency fee.”. This means the attorney gets paid a portion (typically one-third) of the amount you receive after a successful trial or settlement. Make sure you discuss expenses as well as attorney fees.

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Commonly Asked Questions

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What does the court consider when awarding custody?

Generally, the court will consider the best interests of the child when determining to whom and in what manner to award custody. The factors that the court looks at are usually based on a family law that specifies relevant factors or case law in which judges have stated in past cases what factors can influence their decisions.

What factors are considered in a child custody case?

The court may consider factors specific to the child, such as the child’s age, sex and development. The court may also consider how close the child’s bond is to each parent and to siblings. If the child is old enough, his or her preferences may be considered by the court.

What is sole custody?

Sole custody is when one parent has nearly all of the rights and responsibilities related to raising the child. Some states differentiate between physical and legal custody. Legal custody means the right of the parent to make decisions for the child.

Do personal injury attorneys charge a fee?

The vast majority of personal injury attorneys will not charge you for their services, but will take a portion from any monies you receive should you get a settlement or a positive outcome at trial. This is known as a contingency fee, where the attorney getting paid depends on (or is “contingent upon”) you getting paid.

Do insurance companies pay for personal injury cases?

Insurance companies, who usually end up paying for your injuries in a personal injury case, will often offer settlements that are much less than what you might be able to get if your case goes to a trial.

Do accidents come with forewarning?

Accidents rarely come with any forewarning, leaving most victims unprepared and unsure of how to proceed. When you or someone you know is injured, you will have a lot of uncertainty and need to make a lot of decisions very quickly.

1. How long have you practiced law?

At a minimum, you'll want to know about the lawyer's expertise and whether the lawyer is a veteran or beginner attorney, for instance. Your legal issue may very well be handled by someone who is fresh out of law school, (or not). It all depends.

2. What type of cases do you generally handle? What percentage of your practice is devoted to (the practice area in question)?

You'll also want to know about a lawyer's expertise and how much of the attorney's practice is devoted to topic area your legal issue falls within. For example, if you need help with an adoption case, you may wish to seek a family law lawyer who has worked on, well, adoption cases. Click here for a full list of practice area definitions.

3. Who is your typical client?

This is an important, but often-overlooked question. For example, if you are an individual with a particular legal problem, but the attorney your meeting with represents only corporations, this may not be the best lawyer for you. Likewise, you may wish to know the financial background of some of the lawyer's clients.

4. How many cases have you represented that were similar to mine?

Now is not the time to act shy. Feel free to ask about the attorney's track record, such as the number of cases won or settled, for example.

5. Other than a law degree, what kind of special training or knowledge do you have that might apply in my situation?

Some cases, like DUI and patent cases, require specialized training and knowledge for effective representation. Be sure to inquire whether your case fits into that category.

6. What are your attorney fees and costs, and how are they billed? Will a portion or all of my case be handled by paralegals or legal assistants? If so, ask about reduced costs

This step is obviously an important one. You'll want to know whether you can afford the lawyer's services and how you will be required to pay. This is also the time to ask about payment options and how often, and under what circumstances, you will be billed.

7. What is your approach or philosophy to winning or representing a case?

This can be important in two ways. First, if you are seeking an amicable divorce, for example, but the attorney is known to "go for the kill" in divorce cases, the attorney may not be the right one for you.