A partition action is a legal remedy available to real property co-owners under California state law and involves filing a partition complaint, which is served on all defendants. There are three types of partition (essentially meaning a division of real property) – by sale, by physical division, and by appraisal. Partition by sale is the most common type and allows the co-owner who files a partition action to sell the whole property even if the other co-owners do not want to sell their ownership rights.
If you’re interested in learning how to win a partition action by sale, you need to get legal advice and guidance from one of the best real estate attorneys in California. Even if the partition action is settled prior to trial, it’s vitally important to retain an experienced and trusted California real estate lawyer to protect your rights and interests. If not settled, you need the best legal representation you can get because this legal action proceeds just like a civil lawsuit – the only difference is that there is no right to a jury trial.
Eligibility for partition actions includes family members who inherit real property, spouses who co-own properties, and invested ownership partners. In general, a partition action is a no-fault proceeding, meaning that unless the other parties have waived their rights to file such legal action in writing/contract, a co-owner of real property has no defenses to raise. Partition in kind involves an agreement between/among the co-owners to divide their ownership rights into separate pieces. To proceed with a partition by appraisal, the co-owners must agree in writing. This type of partition allows a co-owner of a single-family home to buy the interest of the other party/parties at a price determined by a court-ordered appraisal.
Damages ( when a co-owner has caused damages to the real property), landlord & tenant problems, and offsets, such as when the expenses for the property have been covered by only one of the co-owners, are the most common issues that can arise in a partition action. It’s also worth noting that this legal remedy is not available to co-owners of community property.
If you want to learn how to win a partition action that you need to file in California, do not hesitate to contact the reputable and experienced real estate attorneys at Stone & Sallus LLP by phone at 310-889-0233, via chat or the online contact form available on stonesalluslaw.com to schedule a no-obligation consultation today.