When relationships sour and one party wants out of a co-ownership relationship by way of a partition action, the other party may feel betrayed and outraged. These feelings of resentment often manifest themselves in legal proceedings as defendants are quick to claim just about anything to try to delay the inevitable sale of the property … Read More
Can my co-owner contest a partition? When one co-owner wants to initiate a partition action, a common concern that we hear as partition attorneys is whether the other co-owner can contest the partition. The short answer is that your co-owner can contest anything they want; the real issue is whether they will succeed. In some ways, a … Read More
The Tricks to Winning a Partition Action in California A partition action is the only court process in California to end disputes when parties are co-owners (also known as co-tenants) of real property. Indeed, the court must divide the real estate equitably among its co-owners so long as a partition is found to be appropriate.[1]California … Read More
One of the most common questions raised by co-owners of real property in California is how to force the sale of the property when the co-owners do not agree. California Code of Civil Procedure Section 872.210 allows a co-owner to sell co-owned property, even if the other co owner does not consent to the sale, … Read More
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