Scott Resnick Law specializes in partition law and dispute resolution, offering expert legal services in Phoenix, Tucson, and across Arizona. Our commitment is to provide focused, results-oriented representation to clients throughout the state of Arizona.
Arizona’s Partition Lawyer – Scott Resnick
Scott Resnick is a dedicated and experienced attorney, specializing in legal matters related to partition law and dispute resolution. With a proven track record, Scott is committed to providing quality legal representation to all clients. Scott earned a JD/MBA in December 2009 from the Sandra Day O’Connor College of Law and W. P. Carey School of Business at Arizona State University.
What is a Partition?
A partition is a lawsuit that forces the sale or division of jointly owned real property. The court will equitably divide the interests of all the co-owners even if one or more co-owners does not agree to the sale or division. This division generally involves division of the proceeds of sale.
What is a Partition in Real Estate?
A partition action is a court-ordered way to equitably divide co-owned property among co-owners. Partition actions can be filed for any co-owned real property, with the most common real estate in a partition actions in Arizona involving single family homes. They can also include multi-family homes like duplexes or triplexes, commercial partitions, and vacant land.
In Arizona, the right to partition is absolute, meaning that any co-owner may commence a partition action without the consent of his or her co-owners. A partition action will definitively end co-ownership disputes between co-owners who cannot decide what to do with a shared property.
Who Can File a Partition Action?
A partition action can be filed by any owner of a co-owned property (aside from married couples who own the property as community property). Arizona Revised Statutes 12-1211. Importantly, being a majority owner is not a requirement in order to initiate a partition action.
Partition actions are most commonly between siblings who have inherited property from their parents or other family members, couples who were never married and are no longer romantically involved, friends or family members who purchased property together, and previously-married couples post-divorce judgment.
How Long Does a Partition Action Take?
Three to nine months is the usual time it takes to resolve a partition action. However, co-owners who hire a lawyer other than a partition attorney may find that it will take much longer due to the lack of skill in ending co-ownership disputes. Scott Resnick Law is constantly improving its skill in ending partitions in months, not years.
What is an Alternative to a Partition Action?
The only alternative to a partition action is an agreed sale to a third party by one of the co-owners. However, many co-owners have nothing but excuses on why they can’t reach an agreement. If you’ve already tried to reason with your co-owner, the next step is to contact a partition attorney to learn your rights.
How do I Find the Right Partition Attorney?
To find the right partition attorney, co-owners should look for an attorney with experience in partition actions and real estate litigation to ensure the case is successfully resolved with a winning strategy that results in reasonable fees. Satisfied client reviews should reflect a track record of success.
Scott Resnick Law Can Help With Your Arizona Partition
If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action in Arizona is your only option.
If you’re looking to end your co-ownership dispute, contact Arizona’s premier partition action law firm by calling Scott Resnick Law at (602) 888-4475 or sending us a message today.