As there is with all decisions, there are upsides and downsides to a partition action. Partition actions can be a complicated process and there are many benefits and challenges to this legal process. Thus, it is very important to understand both the pros and cons of partition in order to help you determine if partition is the correct legal course of action to take in your real estate dispute.
PROS – Benefits of a partition action
- Best option when co-owners of a property cannot agree to terms
- Ensures an end to any real estate dispute where a party refuse to cooperate
- Possibility of recovering reimbursement for costs on payment of mortgage, taxes, insurance, repairs and renovations, as well as down payments on the co-owned property
- Potential recovery of attorney’s fees and costs
- Sale of the property for a higher value than if the property is sold by co-owners who disagree over the price, terms, or basic marketing tasks.
CONS – Challenges of a partition action
- Some partition cases may be time consuming
- Being forced to interact through the courts with your co-owner, but at least this will eventually end
- Risk of the property being sold to a third party, though this will result in the proceeds being split by the court among all the owners
Hire an experienced partition attorney at Talkov Law in Los Angeles, Orange County, San Francisco, Riverside, San Diego, San Jose, Sacramento, Fresno, and Surrounding Areas in California
Would you willingly hire your co-owner to manage your property? Would you voluntarily choose to own a property with this person? Every day that your unhealthy co-ownership relationship continues, you’re choosing your co-owner as a real estate partner. Letting your co-owner remain a partial owner of your shared property allows that co-owner to manage your property indefinitely. Ending this unhealthy relationship for good by filing a partition action allows you to finally to receive the full benefit of your California real estate.
Inaction becomes a problem and will not solve your co-ownership dispute. Filing a partition action will allow you to put co-ownership drama behind you once and for all. The sooner you start the partition process, the sooner it will be over. Don’t take a chance trying to handle this on your own. Here at Talkov Law, our knowledgeable partition real estate attorneys are veterans in partition action matters, having had handled countless cases in Los Angeles, Orange County, San Francisco, Riverside, San Diego, San Jose, Sacramento, Fresno, and Surrounding Areas in California. Our partition action attorneys regularly represent co-owners in partition actions to ensure their rights and interests are protected.
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 six, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled 250 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!