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Partition Actions

You bought a house with a loved one to create some stability. But now they refuse to cooperate, and everything feels chaotic. You can’t agree on what to do with the property. What began as a genuine dream for the future has turned into a nightmare that just needs to end. When you just want to move on from the jointly owned property, and put the past behind you, our California partition law firm can help.

These types of actions are common in a number of circumstances. One instance is when two parties jointly inherit property, but cannot decide what to do with the real estate after receiving the inheritance. Another instance is when a parent buys real estate for a child under certain conditions, but the child fails to uphold their end of the bargain. In yet another instance, two persons buy property together in anticipation of a longer relationship that fails to materialize. Another common instance is when parties buy real estate together as an investment, and disputes arise as to how the partnership should develop, or the investment should be managed. In all these instances, the parties are better served by severing the real estate relationship and going their separate ways.

Generally, the first step in the partition lawsuit process is not a lawsuit, but an earnest attempt to resolve the matter informally, such as through a partition agreement. Only when it is clear that litigation is the only option, is it clear that a partition lawsuit is appropriate. In that instance, a Sacramento partition law firm can help.

When it is clear that a partition lawsuit is necessary, then the process begins with the filing of a complaint in the county where the property is located. There are several technical requirements for the partition complaint, and many important steps that must be taken during the lawsuit to ensure that the process is managed effectively. The steps in this process may include the court determination of title to the property, the appointment of a partition referee, formal ownership findings, a determination of manner of partition, division of the proceeds from the partition lawsuit, and the proper distribution of profits.

Significantly, there are several different types of partition actions. The parties can partition the property through a private sale, through an appraisal, or through the actual division of the property. A partition by private sale is a good solution when neither can afford to buy the other’s interest. Alternatively, a partition by appraisal is an effective solution when one party agrees to sell to the other, but the parties cannot agree on a price. Last, a partition by division may be an effective solution when the property is undeveloped or farm land.

At any given time, the firm is handling numerous partition cases, and so is able to effectively and efficiently provide legal guidance in these situations. 

The California partition law firm resolves joint ownership problems between all types of property owners from parents and children, siblings, and non-marital partners who own real estate together and need to sever their interests to go their separate ways. The firm assists clients with pre-partition agreements, joint sale agreements, negotiated settlements, negotiations following the filing of a partition action, and all stages of litigation of a partition action.

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