Can a Partition Action on a Jointly Owned Cabin Lapse Due to Sales Inactivity?

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“My brother and I are joint owners of a cabin in the mountains in Arizona. Almost a year ago, he filed a partition action of the property. Initially he retained a realty company to sell the property, but the company pulled out after a couple of months. Now for almost 10 months, my brother has done nothing to sell the property other than to place two small For Sale by Owner signs on it.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

My question is: Can a partition action lapse due to such inactivity? Alternately, can the court that approved the partition action be petitioned to “move things along”?”

Different courts will have different procedures, but the short answer is yes, in most places there is some procedure for the court to prod a party who is dragging his feet. In some places, the court will do this by itself; in others, you will need to make some sort of motion.

Unfortunately, the procedures vary so widely that you will need to confer with local counsel to see how best to proceed in your specific case.



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Author: House Attorney

A house attorney has answered this question.