Disputes over jointly owned property can be stressful and complex, especially when they arise during estate litigation. Joint ownership often brings multiple parties together with different goals or expectations. Whether the disagreement involves inherited property or co-owned real estate, understanding the legal options is essential to finding a resolution.

Common Causes of Joint Property Disputes

Joint property disputes often stem from disagreements about management, finances, or future plans for the property. Here are a few common examples:

  • Inherited Property: Siblings or other heirs may disagree on whether to sell or keep a property.
  • Unequal Contributions: One owner may feel they contributed more to maintenance or mortgage payments than the others.
  • Desire to Sell: One owner may want to sell their share while others wish to retain the property.

These conflicts can become especially tense when there are no written agreements outlining ownership terms or responsibilities.

Legal Options for Resolving Disputes

When communication and negotiation fail, there are legal methods to resolve property disputes. Two common approaches include:

Mediation or Arbitration

These methods allow owners to resolve disputes without going to court. A neutral third party helps the owners reach an agreement, saving time and money.

Partition Actions

If mediation does not work, a co-owner can file a partition action. There are two types of partitions:

  1. Partition by Sale: The property is sold, and the proceeds are divided according to ownership shares. This option is typical for properties like houses that cannot be easily split.
  2. Partition in Kind: The property is physically divided among the owners. This is more common for undeveloped land.

The court may adjust proceeds based on contributions such as mortgage payments or improvements made by specific owners.

Preventing Disputes

The best way to avoid disputes is to prepare agreements at the time of property acquisition. These agreements can outline ownership percentages, financial responsibilities, and rules for selling the property.

Build a Path to Resolution

Joint property disputes do not have to escalate into lengthy legal battles. With the right approach, owners can find fair solutions that respect everyone’s interests. If you are facing a property ownership dispute, contact The Williams Litigation Group to explore your legal options and safeguard your rights.