What’s a Partition Action?

When a parcel of real property is jointly owned by two or more parties and the request of one of the owners to divide the interests of the parties is opposed, the party desiring the division of interests may do so by bringing an action for "Partition" in Superior Court against the other owners. Partition does not create a new title in real property, but divides up the existing interests of the owners. Partition is ordinarily available as a matter of right, but the right may be waived. Once a partition action is filed either the parties come to an agreement between them or the court will order the property sold and the proceeds split pro rata.
 

Contingency Fee Agreement
 

Kinsey Law Offices takes a limited number of real property partition cases in a contingency fee basis. Our contingency fee agreement for partition cases provides that we will advance all costs of the litigation and will take only a percentage of your “net recovery”.  If there is no recovery, the client pays nothing.

The fees to be paid Attorney will be a percentage of the "net recovery," depending on the stage at which settlement or judgment is reached. The term "net recovery" means (a) the total amounts received by settlement, arbitration award or judgment, including any award of attorney fees (b) minus all costs and disbursements advanced by Attorney. "Net recovery" also includes the reasonable net value of any nonmonetary recovery including, but not limited to the value of any real property obtained by Attorney for Client by way of resolution of disputes concerning the Property, the resolution of the Lawsuits, and/or the resolution of any other lawsuits filed by Attorney on behalf of Client.

Attorney fees are calculated as follows:
 

• (a)  If a Claim or Lawsuit is resolved before filing of an arbitration, lawsuit or other formal proceeding, the fee shall be twenty-five percent (25%) of the net recovery.

 

• (b)  If a Claim or Lawsuit is resolved after the initiation of an arbitration, lawsuit, or other formal proceedings, the fee shall be thirty-three and one/third (33.33%) of the net recovery.

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• (c)  If the matter is resolved on or before sixty (60) days before the date initially set for the trial of a Lawsuit or arbitration hearing, the fee shall be forty percent (40%) of the net recovery.

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• (d)  If the matter is resolved after trial of a Lawsuit or arbitration of a Claim, the fee shall be fifty percent (50%) of the net recovery.

LotBook Report Required
After you have filled out the questionnaire below, if we think we might be able to help you on a contingency basis, we will contact you and ask you to obtain a “LotBook Report” on your property. You can obtain one online from http://lotbook.com.

Don’t order it before we have contacted you.  

Depending on the information you provide in the questionnaire below and the contents of the LotBook Report, we may ask you to order copies of certain deeds in the chain of title. We will then make the final decision as to whether we will take your case.

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