What You Need to Know About Partition Actions in California from a Real Estate Attorney
What Is a Partition Action?
A partition action is a cause of action that falls under real estate litigation. A partition cause of action divides a property Such action is brought when a co-owner of a property wants to sell a property but the other co-owners refuse. Partition actions are governed by California Code of Civil Procedure §872.210. A party may file for partition in order to divide the ownership interests among all parties involved. Each co-owner of a property has the right to divide the property and sell their portion. In most cases, this leads to the sale of the property and division of the proceeds among all owners. The court will decide whether to grant a partition based on certain factors such as the nature of the ownership interest and whether or not it would be equitable for all parties involved.
When Should You File for Partition?
Partition actions are often seen when two or more people inherit property after someone passes away. If there are multiple heirs who do not agree on how to manage the property, then filing for partition may be necessary. It’s also common when co-owners have gone their separate ways and no longer want to share ownership of the same piece of real estate. Finally, some investors file for partition because they need access to cash that’s tied up in an investment property they co-own with another person or entity.
How Does Partition Work in California?
In California, there are partitions “in kind” or “by sale”. A partition “in kind” is a physical division of the property. This type of partition is favored since it does not require the property to be sold against a co-owner’s will. However, if it is not possible to physically divide the property or such division is not permissible due to zoning or mortgage restrictions, a Court will adapt a partition “by sale”, which forces the sale of the property with the sale proceeds divided amongst the co-owners. Under CCP § 872.040, any applicable laws, regulations, or ordinances governing the division, sale, or transfer of property.
Partition actions can be complex depending on your individual situation so it’s important that you seek out experienced legal counsel before making any decisions regarding such actions to understand what a partition action involves to ensure that your interests are protected throughout the process. If you find yourself needing assistance with understanding this type of real estate litigation in California, contact Rokita Law today! We have years of experience helping property owners navigate these difficult situations.
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