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A partition action occurs when multiple people, at least two, hold title to a property, and one or more want to sell the property while others do not. In such cases, the person who wants to sell can file a partition action in court. The court then decides on the ownership rights and requirements for selling the property. The outcomes can include:
If the property can be divided, the court may split it into multiple parcels and distribute them among the owners. However, this is often not feasible, so the property is usually ordered to be sold.
Any property with multiple owners can be subjected to a partition action, excluding properties owned solely by husband and wife, which must be resolved through family law or divorce proceedings. Properties owned by non-related parties, related parties, or a mix of relationships can be subjected to a partition action.
The court has the authority to order a partition action, and the outcomes can include:
Partition actions, like any litigation process, can take years—often two to three years. The process involves multiple stages, including determining the type of partition, ordering the partition and a further proceeding to decide how proceeds are distributed among parties. It is highly encouraged that parties attempt to resolve the matter amongst themselves to avoid lengthy litigation and high attorney’s and partition referee fees.
While it is not required to have an attorney for a partition action, it is highly recommended due to the complex nature of real estate litigation. Having an attorney can help you navigate the legal process more effectively.
For more information on Filing A Partition Action In California State, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (714) 452-1390 today.
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