Navigating Partition Actions: Pre-Suit Considerations, Litigation Strategies, Statutory and Equitable Remedies
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will provide an in-depth look at litigating partition actions. The panel will guide counsel through the partition process, describe available statutory and equitable remedies, and provide best practices and litigation strategies for all parties involved.
Outline
- Introduction
- When partition may be necessary
- Pros and cons
- Pre-suit considerations
- State statutes
- Jurisdictional issues
- Statutory vs. equitable partition
- Terms of the agreement: possible waiver of partition?
- Types of concurrent ownership and the effect on strategy
- Commencing a partition action
- Partition process and litigation strategies
- Plaintiff considerations
- Defense considerations
- Possible remedies
- Takeaways for practitioners
Benefits
The panel will review these and other key considerations:
- Under what circumstances should counsel and their clients consider filing a partition action?
- Who may bring a partition action?
- Are there any viable defenses against a partition action?
- How may the type of concurrent ownership involved affect litigation strategies?
- What are available statutory and equitable remedies under a partition action, and when may equitable remedies be imposed rather than statutory remedies?
Faculty
A. Jeanne Grove
Partner
Nixon Peabody
Ms. Grove’s practice is focused on real estate litigation and transactions, including common interest... | Read More
Ms. Grove’s practice is focused on real estate litigation and transactions, including common interest developments/HOAs, co-ownership/ TIC matters, including TIC agreements and partition actions; purchase/sale transactions and disputes; and boundary/title/easement issues. She represents and advises clients on nondisclosure claims, co-ownership disputes, quiet title actions, partitions, boundary and title disputes, construction/development disputes, and leases. Ms. Grove is a former adjunct professor at the University of California College of Law, San Francisco, and is also a California-licensed real estate broker.
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Julie N. Nagorski
Attorney
DeWitt
Ms. Nagorski has significant experience litigating disputes in numerous areas of the law, with a focus on real property... | Read More
Ms. Nagorski has significant experience litigating disputes in numerous areas of the law, with a focus on real property and construction disputes. In addition to her substantial litigation experience, Ms. Nagorski has taken many cases through jury and bench trials and arbitrations, and has argued multiple cases in front of the Minnesota Court of Appeals. She is a frequent speaker on real estate legal issues.
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Patricia Roy
Of Counsel
Thrift McLemore
Ms. Roy’s practice includes legal disputes for small to mid-size business clients and individuals in a variety of... | Read More
Ms. Roy’s practice includes legal disputes for small to mid-size business clients and individuals in a variety of contexts. She handles contract disputes, real estate litigation, fraud claims, fiduciary matters, negligence claims, shareholder direct and derivative actions, collection matters, probate litigation, insurance disputes, and employment and separation agreement disputes.
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