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What is a partition suit? | Freilich Law | Michael Freilich | freilichlaw.com | (410) 321-0040

A partition suit means to divide, to separate. It has lots of uses. A typical example is that a man and a woman decide to buy a house together and to live together and then something happens. They don’t get married. One moves out and decides not to pay the mortgage, but she’s obligated on the mortgage or he’s obligated on the mortgage. He moves out, yet he’s obligated on to the home. Cannot go and buy a separate home. Doesn’t want to pay to get out. How do you get him out?

You go to the court and you ask that the house be partitioned. Well, you can’t divide a family home. What do you do? You put it up at auction and sheriff’s sale. The sheriff will sell it. Hopefully there will be enough money to cover the mortgages and any extra gets paid over to the two people and that’s how you handle that particular situation. It can also be used in other cases. It can be used in business law and there are other uses for it.

Again, if you have one of those situations, consult an attorney.