Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.
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 alongâ€?”
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.
