Posted by Nike on March 27, 2006 at 12:53:17:
You sort-out these issues beforehand. What elephant? You need to know what your attorney charges to bring a petition action and have an idea how long it will take. You factor this in when determining whether you want to do the deal. How a client pays his attorney is between them–most attorneys will want a retainer. I don’t know what you mean by an lawyer’s lien eating equity. Judges do not frequently dismiss partition actions–why would they? Why would you think judges would bar an action? on what basis? You’re thinking too much.
Maybe it’s common in some areas to use an auction house to sell the property–more likely they will list it with a local real estate agent unless one of the parties has a buyer and all parties agree on price.