How Long Does a Partition Action Take?
Partition actions are legal real estate proceedings that arise when co-owners of a property can’t agree on what to do with the property, whether it's a family inheritance, a business investment, or another shared asset. In such cases, one or more owners may file a partition action to resolve the dispute.
For those unfamiliar with the process in Los Angeles, California, understanding how long a partition action takes is essential, especially for individuals eager to reach a resolution.
Keep reading to see tips from Builders Law Group, Inc about the timeline, intricacies, and lesser-known factors that can impact the duration of a partition action.
What Is a Partition Action?
A partition action is a legal method used to divide or sell property co-owned by two or more parties. The goal is to make sure that each owner receives their fair share of the property or proceeds from its sale.
Partition actions typically arise when co-owners have different plans or expectations regarding the property, making it difficult to come to a mutual decision. There are two main types of partition actions.
Partition in kind: This involves physically dividing the property into portions so that each owner gets a specific share. This type is most common with large plots of land or properties where division is possible without reducing value.
Partition by sale: If the property can’t be divided, the court may order a sale, with the proceeds distributed among the owners based on their respective ownership percentages.
The process can vary depending on the intricacy of the case, but in general, a partition action is a time-consuming legal matter. So, how long does it take?
The Typical Timeline of a Partition Action
The duration of a partition action can vary widely, depending on the circumstances. On average, the process can take anywhere from several months to a few years. Below is a general breakdown of the different stages and how long they typically take.
Filing the complaint
Timeframe: One to two months
The first step in a partition action is filing a complaint with the court. The co-owner initiating the action (the plaintiff) must submit a formal request to the court to divide or sell the property. This stage may take one to two months depending on court schedules, attorney preparation, and how quickly the paperwork is filed.
Serving the complaint
Timeframe: One to three months
After the complaint is filed, it must be served to all co-owners (the defendants). This step can be quick if the defendants are easy to reach and accept service, but if they’re difficult to locate or contest the action, this phase can take longer.
Response from co-owners
Timeframe: One to two months
Co-owners have the right to respond to the complaint. If all parties agree to the terms, the process moves forward more quickly. However, if disagreements arise, the timeline can stretch out as the court must address these disputes.
Court proceedings and mediation
Timeframe: Six months to one year
If the co-owners can’t agree, the case will proceed to court. At this stage, the court may order mediation to attempt to reach a settlement before a trial is necessary. Mediation can take several months and may reduce the need for a lengthy court battle. If successful, this shortens the overall process.
Trial
Timeframe: Six months to one year
If mediation fails or isn’t an option, the case goes to trial. Trials can be time-consuming due to court backlogs, legal complications, and the need for expert testimony (such as property appraisers). Depending on the case’s intricacy, this phase could take another six months to a year.
Judgment and sale or partition:
Timeframe: Three to six months
Once the trial concludes, the court will issue a judgment, either ordering the partition in kind or a sale. If the property is ordered to be sold, this can add time, as finding a buyer, negotiating terms, and completing the sale can take months.
Distribution of proceeds:
Timeframe: One to two months
After the sale, the court oversees the distribution of proceeds among the co-owners. If disputes arise over how much each party should receive, this stage can be delayed further.
Factors That Can Influence the Timeline of a Partition Action
Several variables can significantly impact the time it takes to complete a partition action.
1. Disputes Among Co-Owners
The level of disagreement among co-owners is a critical factor. If co-owners are able to work together, the process can move faster. However, if disputes over the value of the property, the ownership percentages, or the method of partition arise, these can lead to a prolonged legal battle. The more contentious the case, the longer it will take to reach a resolution.
2. Intricacy of the Property
The type of property being partitioned also plays a role. Simple cases, such as dividing a large piece of land, are typically faster than complicated cases involving commercial properties or multiple structures. Additionally, if property valuations are contested, this can add time to the process as expert appraisals will be required.
3. Court Backlogs
Court availability can vary depending on the jurisdiction. In busy court systems, backlogs can lead to delays in scheduling hearings, trials, and mediations. For example, in cities like San Diego, California, where real estate disputes may be common, court dockets can be full, prolonging the process.
4. Use of Mediation
If the co-owners are willing to mediate, the process can often be resolved more quickly than going to trial. Mediation provides a more collaborative environment, allowing the parties to reach a compromise that satisfies everyone without the need for a drawn-out court case.
5. Appeals
Even after a judgment is rendered, the timeline may be extended if one or more parties choose to appeal the decision. Appeals can add months, if not years, to the process, depending on the intricacy of the legal issues involved.
Lesser-Known Aspects of Partition Actions
Beyond the basic steps, several lesser-known aspects of partition actions are worth exploring, particularly for those dealing with real estate in California.
1. Co-ownership and Heirship Disputes
In cases where the property is inherited, partition actions often arise between siblings or relatives. Disagreements over selling versus retaining family property can be emotional and complicated, adding to the overall length of the action.
2. Financial Responsibilities During the Partition
During a partition action, co-owners must continue to pay for the upkeep, taxes, and mortgage on the property. If one co-owner is shouldering these costs, they may be entitled to reimbursement from the other owners, which can lead to additional legal disputes.
3. Partition of Rental Properties
If the property involved is a rental, the partition action can be further complicated by tenant rights and lease agreements. Managing tenant issues while partitioning the property can delay the resolution and add legal hurdles.
How Real Estate Attorneys Can Help Expedite the Process
Given the potential for lengthy delays and legal complications, working with experienced real estate attorneys can make a significant difference in the outcome of a partition action. Here’s how attorneys can help.
Draft the complaint: Confirming that the initial complaint is clear, comprehensive, and compliant with all legal requirements can help avoid unnecessary delays.
Negotiate settlements: Attorneys often work to negotiate settlements before a case goes to trial, potentially saving months of litigation.
Mediation support: Skilled attorneys can represent clients in mediation, aiming to resolve disputes without the need for a lengthy court battle.
Handle appeals: If an appeal is necessary, having an experienced attorney to handle the appellate process is crucial for a timely resolution.
Speak With a Real Estate Attorney Today
It’s essential to work with knowledgeable real estate attorneys in Los Angeles, California and throughout Riverside, Orange, Ventura, San Bernardino, and San Diego counties. Contact Builders Law Group, Inc today to better prepare for the road ahead and work towards a fair resolution.