Do You Need a Lawyer for a Partition Action in California?
An individual co-owner can represent themselves in a California partition action, but a company, executor, or trustee must hire a lawyer.
Is It Better to Be a Plaintiff in a Partition?
Usually, yes. Filing first in a partition action gives you control over the timeline, the court, the lis pendens, and how the case is framed, advantages the responding co-owner cannot easily reclaim.
What Information Should a Co-owner Gather for a Partition Action
The evidence you gather can decide the offsets you receive and your credibility in a partition action. Here are the records co-owners should collect before filing.
Do I Have to Sue my Family Member to Obtain my Share of the Inherited Property?
Heirs often disagree about inherited property, such as when one moves in and the others want to sell. If talks fail, a partition action may be the only way to get your share.
What Is a Partition Lawyer and What Do They Do in California?
A partition lawyer represents co-owners of California property who can’t agree on whether to keep, sell, or buy out the property. The main tool is a partition action asking the court to order a sale or division.
How Long Does a Partition Action Take?
A partition action usually takes seven to nine months, depending on the circumstances and complexity of the case. Here are the factors that affect timing.
Who Pays for a Partition Action?
California lets the co-owner who files a partition ask the court to award attorney’s fees and costs against the other co-owners, usually paid from the sale proceeds.
What is the Cost of Partition Action in California?
As partition attorneys in California, we are often asked about the cost of a partition action. Since attorneys are the largest cost, the real question is how much are the attorney’s fees for a partition lawsuit in California?
