Quiet title actions are the main legal process used to determine who owns a particular piece of real estate in Arizona. Partition actions are the primary legal process used to force the sale of real property between two or more owners. At MacQueen & Gottlieb, we have extensive experience with both legal processes. Our attorneys have significant experience with the complexities of determining the ownership of a piece of property and helping clients pursue their legal options to protect their best interests.
Our firm can help you determine if there have been any been any errors with the title, like an old mortgage, issues with property boundaries, or paperwork that was not recorded properly. We can also help you understand the legal aspects of a potential lawsuit. It is of importance to note that any lawsuit will include some risks for each party. We can help you assess that risk and in many cases pursue the legal avenues necessary to try and avoid a lawsuit and resolve the real estate dispute in the most cost-effective manner possible.
Quiet Title Action
A Quiet Title action is generally the first legal proceeding when there are competing claims for real estate or disputes about ownership interests, property lines or existing easements without proper documentation. It is the process of legally “quieting” the title so that clear ownership can be established.
Many times, a lawsuit is not necessary in a real estate dispute. Our firm can work to reach a settlement if the other parties are amenable. There are many ways to resolve a dispute and avoid the expense of trial with changes to a deed or documents to support ownership interests. When an agreement cannot be reached, a quiet title action is the legal process to resolve this dispute for good and give the legal owner a clear title. If a party is forced to file a quiet title action, Arizona provides a statutory basis for asking the Court for reimbursement of attorneys’ fees in the event the claimant prevails.
A partition action is the legal path to resolve a dispute between two or more people that own real estate or property together. Arizona law allows a property owner that possesses real estate jointly and no longer wishes to own it to compel a division of the property so their part can be sold. This process can often be avoided with some strategic negotiations. Our firm can help pursue the division of real estate in Arizona with the hopes of avoiding a trial. If a trial is necessary, our firm is prepared to see it through to a verdict.
When to File a Quiet Title or Partition Action?
If you are having any kind of real estate dispute with a property you have an interest in, you will want to find experienced representation first. You do not want to wait until a claim has been filed to hire an experienced real estate attorney in Arizona. Our team can assist from the first day of a real estate dispute. We will seek fair and equitable resolutions in the dispute and avoid the cost of trial when possible.
If a trial is unavoidable, our firm has represented clients with many types of real estate disputes in Arizona. Our professional and savvy team will work to resolve any quiet title or partition actions as efficiently and cost-effectively as possible. We will help you understand the entire process and develop a strategy to protect your interests.
It may also be necessary to file and record a lis pendens while a lawsuit is pending to avoid any other interest holders in the real estate from transferring the property. Our firm is well-versed in this process and can help you record the lis pendens with the local county recorder.
The attorneys at MacQueen & Gottlieb have vigorously represented clients with complicated real estate disputes in Arizona for years. Our firm is prepared to help you defend your interests with quiet title and partition actions when necessary. Contact us today to schedule a consultation or make an appointment online.