Actually, legal fees MAY be charged back to her share, but only if after the partition action has begun she takes obstructive actions. But, otherwise, Attorney Deason is absolutely correct. If she will not cooperate, your only option is to buy out her interest and then sell or partition.
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Utah Code Page 1 Part 12 Partition 78B-6-1201 Partition -- By cotenants of real property. A person who is a joint tenant or tenant in common with another of real property may bring an action to partition the property for the benefit of each tenant. An action for partition may require the
Attorney fees — Award where action or defense in bad faith — Exceptions » LawServer. Utah Code 78B-5-825. Attorney fees — Award where action or defense in bad faith — Exceptions. In civil actions, the court shall award reasonable attorney fees to a prevailing party if the court determines that the action or defense to the action was without merit and not brought or …
Oct 30, 2017 · There are also plenty of statutes specific to Utah that provide for attorney fees. For example, if a contractor fails to pay his subcontractors or supplies, Utah statutes state that he can be liable for attorney fees related to resolving this dispute. In trust disputes, a court
Oct 25, 2016 · A common question asked of real estate attorneys regards whether the plaintiff can recover their attorney fees for bringing the action. The answer is, maybe, a partial yes. The reason is that the statute gives the court discretion. CCP 874.010 describes “reasonable attorney’s fees incurred or paid by a party for the common benefit. “ When ...
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. (2) The court, in its discretion, may award no fees or limited fees against a party under Subsection (1), but only if the court: (a)
Attorney fees — Award where action or defense in bad faith — Exceptions. In civil actions, the court shall award reasonable attorney fees to a prevailing party if the court determines that the action or defense to the action was without merit and not brought or asserted in good faith, except under Subsection (2).
An attorney fee clause is usually mutually beneficial in that it allows either party to recover its attorney fees if it prevails. In some rare instances, attorney fee provisions attempt to benefit only one party. However, under Utah law, an attorney fee provision is available to any party who wins. In other words, this law makes any one-sided ...
Quality legal help doesn’t come cheap. This means even winning comes with its costs when it comes to the courtroom. Fortunately, there’s still hope. In Utah, like in other jurisdictions, the winning party has the chance to convince the court to force the losing party to cover whatever costs were spent on attorney fees.
Examples of attorney fee provisions in federal statutes can be found in the Fair Labor Standards Act, which governs minimum wage and overtime requirements, the Fair Housing Act, which protects against housing discrimination, and the Fair Debt Collection Practices Act, which protects against abusive debt-collection practices .
A partition lawsuit asks the court to force the division or sale of the property.
If a partition lawsuit plays out to the end in court, the process will go something like this . The plaintiff will seek an order establishing ownership and forcing either a sale of division of the property. If possible the court will divide the property, but in most cases sale will be the only option. For example, an industrial building cannot ...
California Code of Civil Procedure 874.040 states that, “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.”.
“Equitable” generally means “fair” or “just” under the law, and, in practice, it really means that the court has discretion to award attorneys’ fees as it sees fit.
In a partition action, the legal fees for all parties come off the top before the proceeds are divided among the owners. There is not a winner or a loser. The fees cannot be taken out of just one party's share. If you are unsure of how partition works in Florida, you should consult an experienced real estate lawyer in your area...
The operative word in partition is the Judge may award attorney's fees against the losing party. In reality a partition action can be a long and expensive procedure and you will probably lose the pending sale due to the time the action will take. Since there is an estate and attorney representing the personal representative you should consult with the attorney as to possible alternatives that may be negotiated with...