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| Yes, one party can force a partition auction on an undivided parcel. Think that holds true for medicaid as well. Best to come to an agreement instead. I think your lawyer, their lawyer select a partition lawyer to hold the auction or sale. He/She will make sure property brings appropriate amount. Partition lawyer gets a certain percentage which I believe is shared (not evenly with defendant lawyer). Not sure if plaintiff lawyer gets a share or plaintiff pays. Also, any fees; advertising, etc. are deducted from sale proceeds. Best to negotiate a settlement. | |
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