Sometimes people simply cannot agree on what should happen with jointly owned property. Whether the dispute involves inherited real estate, investment property, business assets, or property owned by former spouses or unmarried couples, the disagreement can quickly become expensive and difficult to resolve.
When negotiations fail, a receivership or partition action may provide an effective solution.
A receiver is a neutral individual appointed by the court to preserve, manage, and, when appropriate, sell property. Receivers are often appointed when the owners cannot cooperate or when there are concerns that assets may be wasted, neglected, or improperly managed.
Receiverships commonly involve:
As court-appointed receivers, Robinson | Duffy acts as an independent fiduciary. In this role we do not advocate for any party, in contrast to the client-advocacy role we provide in our other matters. Our responsibility is not to advocate for one party over another, but to protect the property, carry out the court's directives, and maximize the value of the assets involved.
Appointing a receiver can also significantly reduce the time and expense that parties would otherwise spend fighting over decisions that need to be made. Rather than remaining at an impasse, the parties can rely on a neutral decision-maker to keep the property managed and moving forward, sparing everyone the cost and delay of litigating each disputed choice.
When two or more people own real estate together and cannot agree whether to sell, keep, or divide the property, Minnesota law allows an owner to ask the court for a partition.
In many cases, the property cannot be physically divided. Instead, the court orders the property sold and the proceeds distributed according to each owner's legal interest.
Partition actions frequently arise between:
Property disputes are rarely just about the property. They often involve family relationships, financial concerns, and competing interests.
At Robinson | Duffy we focus on resolving these matters as efficiently as possible while protecting our clients' financial interests. Whether you need representation in a partition action or are seeking the appointment of a receiver, we can help you understand your options and develop a strategy tailored to your situation.
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