Articles Tagged with real estate law

A lawyer writing on a paperwork on his desk in front of his client.Partition by a private sale is a method of selling jointly owned property, either by joint tenants or tenants in common,  under the court’s supervision via a court order or a court-ordered referee. 

What is a partition lawsuit?

A partition action or a partition lawsuit is when one co-owner, or when one person with an interest in the property wants to sell the property, but the other co-owners or others with an interest in the property do not want to sell their ownership rights. 

Two lawyers having an agreement and signing a paperwork.Partition receivers and partition referees serve very similar roles in partition lawsuits. Their roles are to act as a third party with no ties to any of the co-owners interests in property via a partition lawsuit and to help the court and the judge to distribute the property or proceeds from the sale of the property fairly and equitably. Read on to find out the important differences between the two. 

What is a receiver?

A receiver on occasion assists the co-owners of the property, and the court in achieving a successful sale or appraisal for the property is partitioned. Receivers are court-appointed in California that oversee actions such as business disputes, divorce cases, judgment collection, and of course, real estate partition cases. 

A lawyer on his desk signing a document.When there is a court-ordered partition by division, there are several steps that both the court and parties take to ensure that the property is physically divided both equally and equitably. Read on to find out the different avenues the court takes when deciding a partition by division lawsuit. 

How does the Court Account for partition by Division?

First, the court operates on the assumed guideline that all parties should have the property divided in the most equal and equitable ways possible. The court in the Canepari v. Pascale court case found that there is a rebuttable presumption that the partitioned property should be equally divided. This means that if each co-owner or tenant holds a 50 percent interest in the property, then the property in question is divided as physically possible to a 50/50 divide. 

While it is possible for a co-owner to lawfully adversely possess the other tenant’s interest in the property under California law, in practice it is quite difficult and cumbersome.

Can a co-owner lawfully adverse possess the other tenant’s interest in the property? Blog Image for Underwood Law FirmIf you co-own or are a co-tenant of a shared piece of real estate property, possession is not enough for the court to determine that the other party will lose their rights or their interest in your shared real estate property.

Read on to find out the elements that must be taken and proven in court to have a co-owner lawfully and successfully adversely possess the other tenants’ interest in the property. 

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