How to File a Partition of Action of Real Property in California

How to File a Partition of Action of Real Property in California

21:51 29 December in Blog Posts, Real Estate
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As a real estate litigation attorney in Santa Rosa, California, Richard Sax is no stranger to cases involving complicated matters, and filing a partition action of real property in California is no exception. Learn the basics of how to file a partition action of real property in California to better understand your rights when it comes to shared property.

What Is a Partition of Real Property?

Co-ownership of property between investors and/or family members is common in Sonoma County and surrounding areas. Unfortunately, this sort of agreement does not always work out over time. If disputes cannot be resolved among the co-owners, dividing the property may be the best course of action.

To “partition” real property means to divide the property amongst the owners. This decision can be made and agreed upon by all of the co-owners without any court action. However, all co-owners must fully agree to the decision or it will be taken to court for a judge to decide.

Voluntary Vs. Judicial Partition

A voluntary partition is an agreement between all co-owners. This situation is ideal, as the stress and expense of a judicial partition is much more difficult.

A judicial partition is the outcome of litigation where a judge makes the decision for you. Taking this matter to court can be stressful and costly; however, it does not compare to the stress of sharing property with an owner you no longer wish to share with.

How to File a Partition Action in California

Before taking any legal action, protect your rights by speaking with an experienced real estate litigation attorney. They can give you advice for the best course of action. Once you have spoken to your lawyer, they will walk you through filing your complaint and request for partition. Having a real estate litigation attorney like Richard Sax guide you through the complicated maze of California law means that your case is given the time and attention to detail that it deserves.

 

Whether you are experiencing a dispute between you and your co-owner(s) or need a real estate litigation attorney to represent you, our seasoned lawyers at the Law Offices of Richard Sax are here for you to answer any questions and make sure your rights are protected. Contact us by calling 707-525-1824 or emailing richard@rsaxlaw.com to set up an initial no-charge consultation.