If I want to partition jointly owned property, how long is the process going to take? 28 Answers as of July 02, 2013

I need to know how long (from initial filing to Decision) the partition of real estate takes on average, assuming no extenuating circumstances. Whether undisputed or some minor disputes, I just need to know the average length of time it takes.

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Law Office of Melvin Franke | Melvin Franke
It depends upon the venue of the case and the complexity how many people are going to be parties?
Answer Applies to: Missouri
Replied: 7/2/2013
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
One to two years, depending on the Court the case is in and discovery needs in the case.
Answer Applies to: California
Replied: 3/24/2012
Wolfstone, Panchot & Bloch, P.S., Inc.
Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
Legal actions to partition real estate can be complex if there are disputes between the owners. I have to assume that disputes exist or else a court action would not be necessary. In Washington state, the court process will take between 12 and 18 months.
Answer Applies to: Washington
Replied: 3/23/2012
Reynolds Law Group LLC. | Thomas E. Reynolds Jr.
Depends on Docket. Partition is not favored. Ct. finds a way to give it to someone these days.
Answer Applies to: Georgia
Replied: 3/22/2012
T.K. Byrne | Timothy K. Byrne
30 days to many years depending on the parties to the partition.
Answer Applies to: Mississippi
Replied: 3/22/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If this is with a spouse it can take about 2 years until the divorce is done.
    Answer Applies to: California
    Replied: 3/22/2012
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    As a rule a Partition action will take about one year to get to trial from the time of filing the complaint. Most Partition actions settle along the way. Sometimes within a month sometimes on the eve of trial. We have filed, and defended multitudes of Partition cases. When you are dealing with fragile economic issues, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life!
    Answer Applies to: California
    Replied: 3/22/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You don't provide enough information to accurately assess the issues or problems that might be involved, so an estimate of how long it takes would be pure speculation. Generally, it is unusual for any legal proceeding to take less than 6mos to a year and possibly much longer. You need to talk to a real estate attorney who can better assess the situation after learning more about the property and why you want to partition it.
    Answer Applies to: Colorado
    Replied: 3/22/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Partitioning property is not common enough to have a given average time. Most people who jointly own property agree to the division or fight like crazy. That said, it can take as little a 22 days and as long as the two parties want it to take. If you file, serve the other side and they simply refuse to participate beyond asking for a trial, 45 days from the date they are noticed of the trial date. In other words, between 22 and 60 days if all goes well.
    Answer Applies to: Texas
    Replied: 3/22/2012
    PRINCIPLE LAW GROUP | GEORGE TROVATO
    A petition for partition can take 6 months to one year if ordered sold at the courthouse. The parties can always decide to sell through a realtor and the time will depend on when a buyer makes the offer.
    Answer Applies to: Florida
    Replied: 3/22/2012
    Law Office of Joan M. Canavan | Joan Canavan
    You would need to file a Petition for Partition the property. If everyone is in Agreement then you would file a Joint Petition or a Joint motion for the Petition to be allowed. Depending on the County where the property is located, you may have to go into Court to present the Partition. Every county has a different waiting period before you can schedule something before the Judge. If there are minor disputes, you would also have to file a Motion for Temporary Orders to Partition the property. Once again, depending on the county will determine the length of time you can get before a Judge to have your case heard. Some counties are better than others.
    Answer Applies to: Massachusetts
    Replied: 3/22/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    If the partition is by physical partition and court order, that process could take several months. If the partition is by sale, it would take many months, because the property would have to be listed with a real estate broker.
    Answer Applies to: Georgia
    Replied: 3/21/2012
    Law Office of Gregory Crain | Gregory Crain
    There is no average length.
    Answer Applies to: Arkansas
    Replied: 3/29/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    That would be 3 months.
    Answer Applies to: Iowa
    Replied: 5/30/2013
    Law Office of Robert D. Rosanelli
    Law Office of Robert D. Rosanelli | Robert D. Rosanelli
    Every case is different. In Arizona, you cannot be divorced within 60 days from the date of service of process. It is not uncommon for a contested case to last a year.
    Answer Applies to: Arizona
    Replied: 3/21/2012
    Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
    There is no average. It fully depends on whether the partition is agreed to or tried. If there is agreement, it could take as little as 60 days after filing suit. Litigation could take 18 months to 2 years or more. Cases commonly do not get before the court in less than 1 year.
    Answer Applies to: Texas
    Replied: 3/21/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    A civil lawsuit progresses very differently depending on what county you are in. Call the county clerk where you are and ask how long before you can be in trial in a civil suit. A partition action is a civil suit.
    Answer Applies to: Washington
    Replied: 3/21/2012
    Quitmeier Law Firm, P.C.
    Quitmeier Law Firm, P.C. | William M. Quitmeier
    Depending on the court's docket you are probably looking at between 4-6 months to sue, set a trial, and try the case.
    Answer Applies to: Missouri
    Replied: 3/21/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    Depends on county filed in.
    Answer Applies to: Alabama
    Replied: 7/2/2013
    Bruce Plesser | Bruce Plesser
    If no agreement, it will take as long as judge takes to hear the issue.
    Answer Applies to: Florida
    Replied: 3/21/2012
    The Law Offices of Dave Hawkins
    The Law Offices of Dave Hawkins | Dave Hawkins
    An action to divide community property is resolved via the trial court in a dissolution action. That is done at trial and it depends on the county in which you file as to how quickly you can get a trial date.
    Answer Applies to: Washington
    Replied: 3/21/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    To partition real estate, you need to file a case in Superior Court for the county where the land is. Expect it to take 6 months to a year to finish, unless the parties agree to a settlement and the judge approves it.
    Answer Applies to: Georgia
    Replied: 3/21/2012
    Law Offices of Frances Headley | Frances Headley
    A partition action is a standard civil case. The court usually handles such matters within 1 year to 18 months. However, depending upon where you live the state's budgetary woes may lengthen that time frame. You can shorten the process by being open to using alternative dispute resolution procedures such as mediation or arbitration.
    Answer Applies to: California
    Replied: 3/21/2012
    Speaker Law Firm
    Speaker Law Firm | Theodore Speaker
    Yes - you may need an attorney.
    Answer Applies to: Georgia
    Replied: 6/2/2013
    Peyton and Associates | Barbara Peyton
    If undisputed about 4-6 months. If disputed at least a year.
    Answer Applies to: California
    Replied: 3/21/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    How long to file a lawsuit for partition? There is no answer to your question. It takes more or less time depending on what is involved, who fights it and how. How long does a divorce take? How long does a lawsuit take? Depends on a lot of things. At a bare minimum and assuming you have a good lawyer (me for example), and assuming everything goes perfectly smoothly, from filing the complaint to decision by a Judge will take four months or more. Probably more. If this is part of a divorce, you should have the Judge decide it as part of the divorce.
    Answer Applies to: New Jersey
    Replied: 3/21/2012
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    You will file in the chancery division. Usually cases filed here move far faster than cases filed in either family or the law division. Assuming consent to partition or default, it could take sixty days.
    Answer Applies to: New Jersey
    Replied: 3/21/2012
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