Property Partition Action Lawyer In Los Angeles
A partition action in California is a legal process used to divide co-owned property among owners who cannot agree on its use or disposition. This action is typically initiated when co-owners of real estate want to separate their interests in the property, but are unable to reach an agreement on how to do so.
Co-owners can be in joint tenancy or tenancy in common, and may arise from several situations, including:
- Friends or family members who purchased property together as an investment
- Co-habitants or co-owners who no longer get along
- Unmarried couples who purchased property together
- Multiple people who inherited the property together
Case Results
Forced-Buyout Settlement
Real Estate Litigation
For breach of contract and conversion in failed property flip, ex-partners forced to sell their interest at steep discount for their baseless claims
$300k Settlement
Real Estate Litigation
For breach of contract and specific performance after seller backed out of sale during escrow
$657k Judgement
Real Estate Litigation
Assisted in obtaining bench judgment for 100% amount sought, for a real estate agent’s fraud and conversion of client’s funds during a remodeling project
Settlement
Real Estate Litigation
Helped a couple settle a lawsuit to reclaim their home after discovering they were tricked into signing over the deed nearly a decade earlier, stopping a sale and eviction
Settlement
Real Estate Litigation
Helped property owners secure a permanent recorded pedestrian easement and monetary settlement after their neighbor blocked access with a fence
Settlement
Real Estate Litigation
Helped a client reach a settlement to jointly sell family co-owned property after securing key court admissions and filing for summary judgment
Disclaimer: Illustrative examples of case types and outcomes. Attorneys cannot guarantee outcomes. Results are case-specific and depend on the true facts of the case. More information here.
Key Features of a Partition Action in California
- Purpose: The main goal is to allow co-owners to partition (or divide) the property, either physically (by dividing the property into distinct portions) or by selling the property and dividing the proceeds.
- Types of Partition:
- Partition in Kind: The property is physically divided among the owners, creating distinct portions for each.
- Partition by Sale: The property is sold, and the proceeds are distributed among the owners according to their ownership shares.
- Filing Process:
- The party seeking the partition (the plaintiff) files a complaint in the appropriate court.
- The plaintiff must serve notice to all co-owners and any other interested parties.
- Court’s Role: The court will evaluate the situation and whether the request to partition the property was waived, as well as how the property should be partitioned. If the court decides a partition in kind is impractical or would result in unfairness, it may order a partition by sale, also known as a court ordered sale.
- Outcome: The outcome of a partition action can lead to:
- A physical division of the property (if feasible).
- A sale of the property, with the proceeds divided among the co-owners.
- Absolute Right to Seek Partition: In California, every co-owner of a property has an absolute right to seek partition, which means they can initiate a legal process to divide or sell the property without needing the consent of the other co-owners. This right is rooted in California law, particularly under the California Code of Civil Procedure, Section 872.210.
- Each co-owner can seek partition without the consent of the other co-owners.
- The right to have the property partitioned is absolute and cannot be denied.
- No reason is required to seek partition.
- Typically, the right to partition is absolute absent a valid waiver of the right.
Considerations
- Legal Representation: Because partition actions can be complex and may involve disputes over property value and division, it’s often advisable for parties involved to seek legal counsel.
- Costs: Partition actions incur legal fees and court costs, which may impact the financial outcome for the parties involved. The fees and costs in typical cases, however, can likely be minimized by seeking summary adjudication.
Speak to a Property Partition Action Attorney Today
Real property rights among co-owners cause raise numerous issues or concerns. For a confidential consultation with an experienced lawyer, contact Litigation, P.C., at 424-284-2401 or online to learn about your legal options. We routinely handle matters throughout SoCal.
Real Estate Litigation
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