Partition Action Eligibility Checklist

There are countless reasons that a co-ownership relationship may be coming to end. Perhaps a romantic relationship between co-owners has ended, but both parties are still on title. Maybe siblings have inherited a family home but one wants to stay on the property and the other wants their share of their inheritance. Or maybe years of disagreements have finally come to the point where dissolving the co-ownership relationship by way of a partition action is the healthiest thing for all owners. Whatever reason you have for filing a partition action, know that the right to partition is absolute as long as the following criteria are met:

  1. You have a current interest in the property. In most cases, this means that your name is found on a document that has been recorded in the county recorder such as a grant deed, quitclaim deed, or probate order distributing the property.
    • If your name is not on a recorded document, this can raise equitable title concerns or quiet title issues. For example, if you are a recipient of a future interest in the property, such as a beneficiary of a trust, this issue may be better handled by a trust and estate attorney.
  2. The property is not held as community property. If a property owned 100% as community property has not yet been divided in a divorce or if it is addressed in a divorce judgment but not specifically adjudicated, division of this property is under the family court’s jurisdiction. Code. Civ. Proc. 872.210(b).
  3. There is not a valid waiver. Though extremely rare, a waiver of partition would prevent the forced sale of jointly owned property. Indeed, “partition…shall be as of right unless barred by a valid waiver.” Cal. Code Civ. Proc. 872.710(b). Note that accidental waiver of the right to partition cannot happen because waiver is intentional and planned.
  4. You have reasonable expectations in regards to what you will receive in the partition lawsuit. Having an idea of your equity in the property and understanding which offsets are available in a partition action can help you manage your expectations as to how much you are likely to receive at the end of the lawsuit. This can help expedite the process along as well because time will not be spent fighting over relatively small costs, which eat into the profits from sale of the home and leave you unhappy with the result.
  5. You have found the right partition attorney for you. Many general practice attorneys are not knowledgeable or up to date on the most current developments in partition law. Finding the right partition attorney can expedite the process while keeping unnecessary costs down.
  6. You’re ready to end your co-ownership dispute. If you’re ready to end your co-ownership relationship for good, the attorneys at Talkov Law can help you do just this.

If you find yourself looking to terminate your co-ownership relationship but your co-owner refuses to cooperate, pursuing a partition action by filing a partition complaint may be your best course of action. As the premier partition law firm in California, Talkov Law boasts a team of six dedicated partition lawyers, ensuring swift resolution of co-ownership disputes while maximizing your financial outcome. In eligible cases, there is no charge until we achieve a favorable outcome.

For a complimentary case assessment with seasoned Partition Attorney Scott Talkov at Talkov Law, you can reach us by calling (844) 4-TALKOV (825568), sending an email, or completing an online contact form.

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About Talkov Law Partition Attorneys

The partition attorneys at Talkov Law end co-ownership disputes by representing co-owners in real estate partition actions throughout the State of California.

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