Can I Partition Real Estate Without Going to Court?

A partition action may begin with a complaint filed with the court, but it often ends with a negotiated out-of-court, settlement.

With over 600 partition actions currently pending throughout California, Talkov Law’s dedicated partition attorneys have worked with hundreds of co-owners. Most partition actions handled by Talkov Law resolve before trial, but settlement usually happens because the lawsuit is moving forward. Our partition attorneys prepare each case for litigation, use the court process to create pressure, and work toward a resolution that avoids unnecessary trial costs when possible.

When partition actions do proceed to trial, the dispute is often not whether partition will occur, but how the proceeds should be distributed after the court considers offsets, credits, and reimbursements between the co-owners. Trials over the right to partition itself are rare because, unless barred by a valid waiver, the right to partition is generally absolute under California law.

In other words, just because you choose to file a partition complaint doesn’t mean you have to go to court to finish the process. Even if a hearing in court is required, only the attorney is generally required to be present, except in the rare circumstances where testimony is required. Even when testimony is required, many courts allow remote testimony. These considerations almost never come up because there are numerous ways a partition matter can be settled outside of court throughout the partition process.

One typical strategy involves mediation, a process overseen by an impartial third party tasked with facilitating dialogue among the concerned parties, with the aim of assisting them in arriving at a mutually acceptable partition settlement. Mediation remains a viable option even if a partition suit has already been initiated.

An experienced partition attorney can help facilitate the settlement process so that you get the most out of your property.

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 twelve, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 600 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 (877) PARTITION (727-8484) or sending us a message today.