Settlement of Partition Lawsuit
December 2024
In late 2024, Brad successfully settled a partition action on behalf of his client, which resulted in the client buying out the interest of the opposing party. Brad's client outright owned a single-family residence, but in 2017 he decided to put a family friend on the deed to the real property via a quitclaim deed. Thereafter, the two parties lived together at the house, with Brad's client paying the mortgage and the other party paying utilities.
In 2023, the parties relationship deteriorated to the point that Brad's client asked his friend to move out of the house and he offered to buy out her interest in the house. When the "friend" refused to move out and have her interest bought out, Brad's client offered to sell the house and split the proceeds. Because the friend refused or ignored all offers to resolve the impasse, Brad filed an action in the Ada County District Court to partition the property, i.e., have the Court order the property to be sold and the proceeds divided based on the parties' relative interests.
After several months of discovery, Brad moved for summary judgment, arguing to the Court that there were no disputed issues, so the Court should order the house sold without the need for an expensive evidentiary trial. While the motion for summary judgment was pending, Brad and opposing counsel were able help their clients reach a settlement whereby Brad's client refinanced the loan on the co-owned house to buy out the co-owner's interest, allowing Brad's client to keep his house.
Practice area(s): Real Estate
Court: Ada County, 4th Judicial District
