Upcoming Foreclosures

How do you file a motion or response to a partition of real property civil suit?

Public Comments

1. It depends if a summons and complaint has already been filed or not. If not they need to be filed, if they have then motion practice will be governed by your local court rules and can vary from state to state. Generally, you state what your position is, what the legal argument in support of position is, and then you ask the court to do something; "grant my motion" or "deny the other guys motion." Check your court rules.
2. need a little more facts on who are on the title to the land, who is making a motion to partition the land? If you are the plaintiff making the claim for partition, you would state the facts, the applicable law, and the remedy your are asking which is partition of the property, this occurs usually in equity part of civil court, since the remedy sought is not monies now if you are the defendant you basically answer each count in the plaintiff complaint, then also can counter with your answer, and raise your defenses etc to the motion and each count