How to Protect Your Assets When a Co-owner Faces Foreclosure

🐮 AG: Ex! Ex! Ex! Help me!

Ex: …🤨 What’s wrong?

🐮 AG: I have a client.
His brother is in debt, and the creditor has filed a lawsuit to seize his assets.
However, the land in question is co-owned by multiple people, including my client, his brother, and others.
Now, the creditor claims they will seize the entire property.
Can they really do that?

Ex: Technically, yes, they can seize the entire property.
But a better solution is to "request a partition of the land."

✅ When you co-own land with a debtor,
If the debtor defaults on their payments,
the creditor has the legal right to seize the debtor’s assets,
which includes the shared land where you are also a co-owner.

✅ But don’t worry!
The law provides a way to protect your rights—
this is called "filing a partition request."

✅ What is a partition request?
It is a legal process where you ask the court to separate your portion of the property from the debtor’s share.
This prevents creditors from seizing your part of the land along with the debtor’s.
It’s like telling the court:
"This land includes my rightful share—please don’t seize it all."

✅ What if the creditor has already seized the land?
If the land has been seized and is being sold at a public auction,
you still have the right to file a petition with the court to request "a partition of the proceeds."
This ensures that you receive your fair share of the sale instead of losing everything.

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