There has been a sharp rise in partition suits lately, a trend fueled by a combination of foreclosures, property disputes, and the realities of shared ownership without a clear agreement.
These cases often reveal an uncomfortable truth: when people buy property together without formalizing expectations, disputes are almost inevitable.
There is some critical information in this post based on a recent case I have handled, please read to the end.
What Is a Partition Suit?
A partition suit is a legal action that resolves disputes between co-owners of real property.
When relationships—romantic, familial, or even just friendly—break down, one or more co-owners can ask the court to divide the property or force a sale, with proceeds distributed according to ownership rights.
While the law might default to a 50/50 split in many cases, the actual division can vary based on contributions to the property’s purchase, maintenance, and expenses.
That’s where things often get complicated.
Common Situations That Lead to Partition Suits
- Romantic Partners Who Split Up
Couples who buy a home together without marrying may assume ownership will be easy to sort out if they part ways. In reality, disagreements over equity, expenses, and rights to stay in the property can quickly land in court. - Family Members Inheriting Property
When siblings or extended family members inherit real estate, tensions often arise over who lives there, who pays taxes or repairs, and how proceeds should be divided if the property is sold. - Unequal Financial Contributions
A frequent flashpoint occurs when one co-owner contributes significantly more (sometimes even the entire purchase price), yet another co-owner expects half of the sale proceeds. Courts can adjust ownership shares based on proof of actual contributions, but litigation is often needed to reach that point.
The Growing Trend
Partition suits are becoming more common, sometimes aligning with the average marriage length before divorce (about eight years) but also appearing much sooner in relationships. They can involve any property type—single-family homes, condos, mixed-use buildings, or inherited estates.
Interestingly, some clients try to coordinate partition actions with other legal matters, such as child custody or support cases, in an effort to address all disputes at once.
The Preventive Measure Too Many Skip
One step could prevent many of these disputes: a partnership agreement.
This agreement outlines how ownership is divided, how expenses are handled, and what happens if one person wants to sell.
It’s such a critical tool that its importance bears repeating. Without it, co-owners are left relying on statutory defaults and expensive litigation to sort out who gets what.
Partition suits are not confined to any one type of relationship or property arrangement. Rather, they can affect anyone who co-owns real estate without clear terms in place. If you’re considering buying property with someone, whether it’s a partner, friend, or family member, taking the time to put a formal agreement in writing is critical.
If you are going to employ the use of a partnership agreement to help minimize the challenges of a partition suit, make sure the signatures are notarized. I just spent a full day on trial, and my client spent thousands on a handwriting expert, because her former partner claimed he had not signed the partnership agreement notwithstanding the fact that there was a witness. A notary would have taken away all of his arguments. Make sure this is part of your plan.
In real estate, the best way to avoid court is to plan for the “what ifs” before they happen. That means talking through expectations, documenting contributions, and setting clear rules from day one.
The Minchella & Associates Difference
With over 40 years of experience in Illinois real estate law, Erica Minchella has represented thousands of home sellers and buyers, landlords, and commercial and investment property owners.
For more information, schedule a consultation today.
