Motion for partition of property that has not sold


#1

Can I file for a partition of property post divorce? Divorce was final 8 years ago and property has not sold.


#2

I will need more information: Was this property subject to a separation agreement or equitable distribution court order?


#3

The property was included in ED. I was just wondering if we could split it up (30+ acres) so I could finally get this over. He is lives on the property. Now looking back I don’t think the settlement was fair since it did not have a final date where someone had to buy the other out.


#4

If the equitable distribution (ED) order stated that you and your ex-spouse would continue to own the real property jointly after entry of the order and after the divorce judgment is entered, then yes, it is possible to initiate a partition action to divide the property.

In contrast, a partition action would not be possible if the ED order gave your ex-spouse exclusive ownership of the real property.