Can I Stop a Partition Action?

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“Is there something I can do to stop my uncle from forcing a partition action?

[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.]

A piece of property that my grandparents owned now owned by my uncle and myself, my uncle doesn’t want to work with me or talk to me so he wants to sell it. The property has a cabin on it. I’ve tried to get a loan on it but every mortgage company says the property is substandard. My uncle won’t let me get a personal loan to fix the property up so that I can get a loan to pay him off. Also in the will of my grandparents they stated that the property was to go to their grandchildren not their children does this help.”

I’m afraid there’s little you can do to stop the partition action. The purpose of partition is to keep people from being stuck as co-owners forever, so if one party wants out, they get out.

It is possible to waive your right to partition, but clearly your uncle isn’t going to agree to that now if he hasn’t already. As for the will, once the property is out of the estate, it belongs to the people who got it. The will no longer has any legal effect (though it may have some moral weight).

Probably the best you can do is point out how much your uncle stands to lose in the cost of the action, and the lower sale price due to the condition of the property. Good luck.

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Author: House Attorney

A house attorney has answered this question.

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