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Navigating Partition Actions: Pre-Suit Considerations, Litigation Strategies, Statutory and Equitable Remedies

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, March 14, 2024

Recorded event now available

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This CLE webinar will provide an in-depth look at litigating partition actions. The panel will guide counsel through the partition process, describe available statutory and equitable remedies, and provide best practices and litigation strategies for all parties involved.

Description

When real property is jointly owned by two or more people or entities, disputes may arise or circumstances may change so that concurrent ownership is no longer viable. Often viewed as a last resort, partition actions--essentially forced sales--may become necessary when the parties cannot resolve a dispute on their own.

Generally, partition suits are governed and regulated by state statutes. However, courts may adopt equitable proceedings to resolve a partition action. Statutory remedies coexist with equitable remedies and include a range of outcomes including forced sale of the property with a division of the proceeds as well as the actual physical division of the property.

Given their complexity, counsel should understand the intricacies of partition actions including when and how to initiate an action, defending against an action, litigation strategies based on the type of concurrent ownership involved, state statutory considerations, and available remedies.

Listen as our expert panel provides an in-depth look at partition actions for the division of real property. The panel will address pre-suit considerations, guide counsel through the partition process, and provide best practices and litigation strategies for counsel.

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Outline

  1. Introduction
    1. When partition may be necessary
    2. Pros and cons
  2. Pre-suit considerations
    1. State statutes
    2. Jurisdictional issues
    3. Statutory vs. equitable partition
    4. Terms of the agreement: possible waiver of partition?
    5. Types of concurrent ownership and the effect on strategy
  3. Commencing a partition action
  4. Partition process and litigation strategies
    1. Plaintiff considerations
    2. Defense considerations
  5. Possible remedies
  6. Takeaways for practitioners

Benefits

The panel will review these and other key considerations:

  • Under what circumstances should counsel and their clients consider filing a partition action?
  • Who may bring a partition action?
  • Are there any viable defenses against a partition action?
  • How may the type of concurrent ownership involved affect litigation strategies?
  • What are available statutory and equitable remedies under a partition action, and when may equitable remedies be imposed rather than statutory remedies?

Faculty

Grove, Jeanne
A. Jeanne Grove
Partner
Nixon Peabody

Ms. Grove’s practice is focused on real estate litigation and transactions, including common interest...  |  Read More

Nagorski, Julie
Julie N. Nagorski
Attorney
DeWitt

Ms. Nagorski has significant experience litigating disputes in numerous areas of the law, with a focus on real property...  |  Read More

Roy, Patricia
Patricia Roy
Of Counsel
Thrift McLemore

Ms. Roy’s practice includes legal disputes for small to mid-size business clients and individuals in a variety of...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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