A partition action is a lawsuit that forces the sale or division of jointly owned real property. The court will equitably divide the interests of all the co-owners even if one or more co-owners does not agree to the sale or division. This division generally involves division of the proceeds of sale.
What is Partition in Real Estate?
A partition action is a court-ordered way to equitably divide co-owned property among co-owners. Partition actions can be filed for any co-owned real property, with the most common real estate in a partition actions in California involving single family homes. They can also include multi-family homes like duplexes or triplexes, commercial partitions, and vacant land.
In California, the right to partition is absolute, meaning that any co-owner may commence a partition action without the consent of his or her co-owners. A partition action will definitively end co-ownership disputes between co-owners who cannot decide what to do with a shared property.
Who Can File a Partition Action?
A partition action can be filed by any owner of a co-owned property (aside from married couples who own the property as community property). California Code of Civil Procedure 872.210. Importantly, being a majority owner is not a requirement in order to initiate a partition action.
Partition actions are most commonly between siblings who have inherited property from their parents or other family members, couples who were never married and are no longer romantically involved, friends or family members who purchased property together, and previously-married couples post-divorce judgment.
Cost of a Partition Action in California
The average partition action costs about $15,000. Of course, the cost of a partition action may be much higher or lower depending on the complexity of the case and the belligerence of the opposing co-owners. Attorney’s fees in a partition may also be recoverable, especially against an uncooperative co-owner.
Working with a trusted attorney who understands partition law can help keep costs low while ensuring you will receive the best possible result as quickly as is appropriate under the circumstances.
How Long Does a Partition Action Take?
Three to nine months is the usual time it takes to resolve a partition action. However, co-owners who hire a lawyer other than a partition attorney may find that it will take much longer due to the lack of skill in ending co-ownership disputes. Talkov Law as constantly improving its skill in ending partitions in months, not years.
What is an Alternative to a Partition Action?
The only alternative to a partition action is in agreed sale to a third party of one of the co-owners. However, many co-owners have nothing but excuses on why they can’t reach an agreement. If you’ve already tried to reason with your co-owner, the next step is to contact a partition attorney to learn your rights.
How do I Find the Right Partition Attorney?
To find the right partition attorney, co-owners should look for an attorney with experience in partition actions and real estate litigation to ensure the case is successfully resolved with a winning strategy that results in reasonable fees. Satisfied client reviews should reflect a track record of success.
With over 250 partition actions (and counting) litigated over the last 15 years, Talkov Law has generate nearly 100 positive reviews for our focus solely on partition actions. To find out why, contact us today to schedule a free, no obligation consultation.
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 seven, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 370 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 (844) 4-TALKOV (825568) or sending us a message today.
