HOw To Navigate An Effective Partition Action
Through a partition action, a real estate co-ownership relationship will be dissolved. A forced sale or buy-out may be the main feature of the partition. When the partition is completed, previous co-owners will no longer have that status.
To prevent unnecessary legal expenses or wrong decisions leading up to a partition action, consult with an attorney early in the dispute. At Greenacre Law, we can advise you no matter where you are in the process.
About Your Southern California Co-Ownership Breakup
Real estate is often the largest single investment that a person or business owns. If you have been the co-owner of a piece of residential or commercial property along with friends, family members or fellow investors, you may have reached the point of a partition action because:
- One of you wants to sell the property and the other does not, or you cannot agree on a selling price or methodology.
- You and your co-owner(s) cannot agree on how a jointly held property should be used. Discussions have been unfruitful.
- One or more co-owners have not been contributing to the expenses of maintaining the property and discussions have not been able to resolve the inequity.
- One or more co-owners have been blocked by the other(s) from entering the property.
A partition may resolve these and similar disputes. It is the legal process of dividing property equitably between or among co-owners. Note: If your property division concern is part of a divorce, consult with a family law attorney.
You can prepare to file a partition action or defend your interests when a co-owner has filed one by:
- Finding a trustworthy real estate lawyer to represent your position
- Gathering documentation and sketching out a timeline and narrative by which to explain the history of the property co-ownership arrangement
- Working with your attorney to argue in support of your preferred resolution
To support a favorable outcome, clarify your answer to this question: What is your goal? Do you want to force out a sibling whose co-ownership has been problematic? Do you hope to be repaid for mortgage premiums that the other co-owner(s) did not contribute to? Do you expect to be allowed to sell your portion of the property? If you wish to protest aspects of an unwanted partition action, get a strong defense attorney on your side.
Depending on how your case progresses, the court may:
- Order the sale of the property, with proceeds to be distributed equitably between or among the co-owners
- Order the creation of separate ownership “slices of the pie” that each of you may privately sell
- Force one or more co-owners to buy out the other(s) through a process known as partition by appraisal
If the property is the residence of one or more co-owner(s), an eviction may be a result of the partition.
Contact Us To Discuss Your Property Partition Plans
Are you worried about attorney fees? They will likely be just a small fraction of what you may gain or protect through a successful case. A completed partition action may spread legal costs equally among the co-owners.
Understand your objectives and let your attorney guide you toward what you hope to achieve. To schedule a consultation with one of our Southern California real estate attorneys, call 800-997-8008 or email us. We are ready to help you protect your interests cost-effectively.
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