A partition action is often the result of joint real property ownership where one party wishes to sell their portion of interest in the property. Shared ownership and the division of property is a complex legal process, and it is often a wise decision to consider all options, including early mediation, before filing a partition action. Partitions are lawsuits, and if successful, the court could force joint owners to sell their portion of ownership. The legal actions may involve homes, buildings, farms, and other real property. Ownership also includes fixtures, fences, and easements attached to the land. Schedule an appointment to review the case with a qualified partition action attorney at Von Rock Law by calling (866) 720-0195.
What Is a Partition Action in California?
Partition means the division of interests in real property. Joint owners have the legal and absolute right to sell their share with the legal remedy of partition. Generally speaking, property owners with joint ownership have the legal right to commence an estate partition action. However, there are a few potential disqualifying scenarios, including heirs’ property and waiving the rights of partition during negotiations and the signing of the purchase contract.
Heirs’ property is land jointly owned by a family or descendants of the deceased that did not clear probate. That means the beneficiaries may use the property but do not have a clear title to divide or sell the land or attached real property. According to the California Code of Civil Procedure § 872.210, any co-owner of a property or joint estate owner through inheritance may file a case to begin a partition action. Individuals wishing to dissolve ownership may sell their interest and force the sale of the property under court supervision using a partition action.
Forcing the Sale of Jointly Owned Property
Real property, including a new home, parcel of land, office building, or condominium unit, are valuable assets and expensive purchases. Many commonly split the cost of such investments, with each party taking a joint interest in common or community property. They may choose to enter into such arrangements as part of a business agreement or personal partnership. When problems arise, such as partnership dissolution or a parting of ways, there may be disputes regarding property division and the best interests of everyone involved. An estate partition usually consists of four primary steps, including:
- Filing the lawsuit to request property division by the court
- The determination of the joint party’s interest
- The court appoints a referee, and the sale of the property
- The division of proceeds from the sale
When disputes arise over a property owned by two or more people, a partition action may be necessary. The court could oversee the sale and fair division of the proceeds between all interested parties. A knowledgeable partition action attorney at Von Rock Law can answer questions about the process and handle the legal filings on the petitioner’s behalf.
Common Parties to an Estate Partition Action
A typical scenario often resulting in a partition action is beneficiaries inheriting a portion of real property. One heir may wish to sell their interest in the property while the others want to retain ownership. The actions commonly occur among joint ownership issues and include:
- Family members, including parents and children, tenants in common real estate
- Siblings sharing joint real property ownership without a contract or agreement
- Business partners or investor partnerships with shared tenants in common in real estate
- Former unmarried partners with joint real property ownership
When co-owners cannot settle disagreements amongst themselves or through mediation, a partition action may provide relief.
The Partition Action Process, Advantages, and Disadvantages
While a partition may seem like the ideal choice, it is crucial to consider all the positive and negative factors before finalizing the decision. If settling the dispute over real property is possible without the courts, it can save court costs and attorney fees. When the involved parties can agree through mediation, the mediation process can significantly reduce out-of-pocket expenses and help avoid court delays. Further, a partition action can mean settling on a purchase amount less than the total property value. On the other hand, there can also be advantages to pursuing a partition action, such as:
- The action can settle disputes when co-owners cannot resolve disputes or agree.
- Co-owners who still want the property may have options to retain ownership of their portion of interests.
- An action can force the joint owners to mediate if they cannot agree during the property sale.
- A partition action could allow co-owners that invested in property renovations to recover the costs they spent on the construction.
According to the Santa Barbara County Bar Association, the court will often sell the real property after determining a partition action is the best resolution. After finalizing the sale, they will split the interests evenly between the joint owners. However, there are many benefits when parties find common ground and agree to appraise and divide the interest themselves. Settlement through mediation could provide the best for the total value of the property and save on the high costs required to settle through the court.
Who Pays for a Partition Action?
California law allows the party that filed the lawsuit to recover a portion of court costs, attorney fees, and other services they paid to benefit the property. The court may grant an award either by ordering the other parties to pay or proceeds from the sale of the property.
Schedule a Consultation with a Seasoned Estate Attorney Today
If you own real property jointly with one or more people and a co-owner wishes to sell the property or there are complications, a partition may be a good option. The steps for the action may appear straightforward. However, any court action presents the potential for lengthy delays and hurdles to overcome. If you need help filing and navigating the partition action process, consider speaking with an experienced estate lawyer at Von Rock Law by calling (866) 720-0195 to schedule a consultation.
