Partition Action Attorney in Los Angeles, California

People commonly end up in unresolvable disputes with co-owners of real estate. One of the most common co-ownership disputes arises when one of the owners wants to sell the property and the other one wants to keep it. When two or more real estate co-owners have conflicting opinions on how to manage the property, and the parties are not able to resolve their dispute through out-of-court negotiations, a partition action may be necessary.  

However, many people do not understand what a partition action is and what this legal remedy entails. Whether you are seeking a partition action or need help defending against one, Builders Law Group, Inc can help.  

Our partition action attorney in Los Angeles, California, has the necessary expertise and experience to provide you with the legal support and guidance you need to achieve the best possible outcome. We have helped clients countless throughout Orange, San Diego, Ventura, San Bernardino, and Riverside counties with various types of partition actions, and we're ready to help you, too.  

What Is a Partition Action? 

A partition action is a legal proceeding in which the equitable interest in real estate is divided (parted) with court intervention. This complex, court-ordered action may be necessary when co-owners fail to reach a satisfactory agreement out of court. The purpose of a partition action is to end all disputes among the co-owners, which is usually accomplished through the property’s sale.  

Who Can File a Partition Action? 

Under California law, anyone who jointly owns real estate with another person has the right to sell their interests through a partition action. Eligibility for partition actions in California extends to: 

• Family members who inherit real/personal property 

• Divorcing/separating individuals who co-own property with their soon-to-be-ex-spouse or romantic partner 

• Invested ownership partners who have separate values of ownership in real/personal property 

No matter how the title is held, California law sets forth only one basic requirement for a partition action: the property must be co-owned. If your ownership is unclear, you might want to consult with a partition action attorney in Los Angeles to discuss the eligibility criteria in your case.  

Types of Partitions 

Since real estate comes in different shapes and sizes, the legal system recognizes several types of partitions to ensure that each dispute can be resolved in the most appropriate way: 

• Partition in kind. This type of partition can be used when it is possible to physically divide the asset and distribute it among each party. Partition is kind is typically used in disputes involving empty or raw land.  

• Partition by sale. When it is impossible to physically divide the asset (e.g., a house) and distribute it among each party, the court may use partition by sale. As the name implies, this type of partition involves selling the asset and dividing the proceeds among the co-owners.  

• Partition by appraisal. When at least one party wants to maintain ownership of the asset in question, the court may opt for a partition by appraisal. However, to make this happen, the owner interested in keeping the asset will have to purchase the other co-owners' interests in the asset.  

If you and other co-owners of real estate cannot agree on what to do with the property, a partition action may be the most appropriate way to resolve your dispute once and for all.   

The Partition Process 

Contrary to popular belief, the first step in the partition process is not filing a lawsuit. Rather, it is making reasonable attempts to reach a voluntary partition agreement with the co-owner(s) before commencing a partition action.  

However, if parties cannot reach a mutually-agreeable resolution without court involvement, litigation may be the only viable option to resolve the dispute. In this case, you might want to consider working with a partition action attorney no matter which side of the dispute you are on—seeking partition or opposing a partition action. At Builders Law Group, Inc, we assist clients with negotiating an out-of-court agreement with co-owners and, when negotiations reach an impasse, protecting their best interests throughout the formal partition process.  

When initiating or responding to a partition action, there are many things that must be taken into consideration to ensure that the process is managed effectively and in compliance with the applicable state laws in California. Generally, the partition process consists of four steps: 

1. The court determines each party’s ownership interest;  

2. The court decides on the appropriate manner of sale;   

3. The court orders the property to be sold; and 

4. The court divides the proceeds from the sale between the parties in proportion to their ownership interest and/or contributions to the property. 

Our knowledgeable attorney at Builders Law Group, Inc can help you navigate the process of bringing a partition action or defend your interest when a co-owner has filed this type of action.