Can a Partition Action Be Avoided Through Negotiation?

In any legal setting, if parties are able to come to an agreement before or during litigation, everyone wins. In the context of co-ownership disputes, this is equally true.

With over 100 partition actions currently pending throughout California, Talkov Law’s dedicated partition attorneys have helped to solve co-ownership disputes with hundreds of co-owners. While some opposing parties are amenable to a sale or buyout, others are downright unreasonable, though most fall somewhere in between these two extremes. A partition action is usually a last resort once a co-owner has attempted to reason with a co-owner who is unwilling to part with the property.

Many people feel that filing a complaint for partition is too harsh and they would rather try to work things out with their co-owner on their own before taking this step. Co-owners who have very positive relationships or have recently spoken about selling the property may find that negotiating on their own or sending a letter to their co-owner is effective.

However, in our attorneys’ experience, these soft ball tactics with an uncooperative co-owner are unlikely to be an effective remedy if the co-owner has shown certain signs of belligerence. For example, perhaps they always have an excuse why they can’t speak about a buyout. Or, perhaps they’ve locked their co-owner out of the property, known in the law as an ouster. Or, maybe they have a litigious relationship with their co-owner resulting from a custody dispute or otherwise.

When a co-owner is not seriously interested in selling or buying your interest, filing a partition will be the most effective and fastest way to force the sale of jointly owned property. In our experience, filing a complaint for partition of real property is the best way to show your uncooperative co-owner that you are serious about selling the property. Unlike emails back and forth or a letter demanding sale of a property, a partition complaint filed with the court cannot simply be thrown away and forgotten about. Often times, this results a settlement of the co-ownership disputes.

Talkov Law's Partition Attorneys Can Help

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With seven, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 300 partition actions throughout California. Every case has resulted in a sale to either a third party or one of the co-owners. Not a single court has denied our clients the right to partition or declared our client to be a non-owner. Plus, for qualified cases, there is no fee until we settle or win your case!

If you're looking to end your co-ownership dispute, contact California's premier partition action law firm by calling Talkov Law at (844) 4-TALKOV (825568) or sending us a message today.

Attorney Colleen Sparks
About Colleen Talkov

Colleen Talkov is a Partition Attorney at Talkov Law in California. She can be reached at (844) 4-TALKOV (825568) or colleen@talkovlaw.com.

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