How Long Does a Partition Action Take?

Real estate partition suits usually result in the property’s sale or division between owners. A dispute over a residential or commercial property can be the subject of a partition lawsuit. Here we will learn all about How Long Does a Partition Action Take.

About Partition Lawsuit.

Any real estate property owned by two or more people may be subject to this type of ownership transfer, whether a single-family house, an undeveloped acreage, or a commercial property.

Partition actions often occur when siblings inherit the property of a deceased parent and cannot agree on how to use it. A party may wish to sell the property to earn some money, while the other may wish to reside in it or rent it out. Inwant the end, if the case goes to trial, the court will decide on a resolution based on the rights and interests of the parties.

The court typically orders a sale and a distribution of proceeds for single-family homes. The land may also divide equally for more significant undeveloped properties and deplore the significance of the parties’ goals. Separation lawsuits are common when unmarried couples split up or business partners end their partnership and disagree about the property.

Each partition action has its costs, which depend on its complexity and length of time. There are usually more costs associated with partition actions when they go to trial than when they can resolve by negotiation or mediation.

How Does A Partition Work?

When the plaintiff files a petition to partition, the plaintiff must publish the service of process and notice of the hearing if they are unknown to the plaintiff. The court will order the partition at the hearing based on ownership.

Three commissioners are then appointed to determine whether the property can pass in kind if it cannot. They render a report sent to the defendants, who have twenty days to object to the partition decision or to elect to buy the property at the appraised price.

Upon confirmation of the commissioners’ report by the court, the sheriff will have to sell the property for two-thirds of the appraised value and return the sale proceeds to the court, which must approve it.

We will get the report confirmation message if no one objects or elects to purchase. A notice stating the time, date, and location shall appear during the sale. The highest bidder wins and deposits the purchase funds with the clerk. Court clerks distribute the sale proceeds under the court’s order after the sale confirmation.

Timeline to Process a Partition Action.

A partition action generally takes a year, a half, and two years to reach trial. Sometimes we can do them in less time, but occasionally it takes longer. In addition to how complex discovery is, whether there are discovery disputes, and how the court schedules trials, other factors factor into it.

These timelines assume your case needs to go to trial, which is only sometimes the case.  Depending on your lawyer’s effectiveness, you can negotiate a resolution or get your chance to mediation more quickly.

Law firms typically start a case and drive hard toward trial, like a one-way train heading for one place. A good lawyer will look for ways to help you settle your claim more quickly and for less legal fees, getting you a better result sooner.

Different Types of Ownership and Partition Actions.

As there are different types of ownership and partition actions, you must determine which co-owner you are before deciding what type of action you want to pursue.

Different Types of Ownership and Partition Actions.

Parkndkindon in kind

Despite not being the most common partition method under California law, division in kind has become more popular in recent years. In part more prevalent, the property passes between parties equitably, each receiving a fair share.

A partition in kind is standard when there are many lands, but in most cases, it could be more practical. How is it possible for three people to split up a condominium, for example? Partition by sale is the most common method due to its absurdity and inconvenience.

Partition by sale

As part of a partition by sale, a third-party broker or receiver appraises the property and puts it on the market as agreed upon or required by the court. After deducting fees and costs, the sale proceeds go to each owner based on their relative ownership shares.

Partition by appraisal

In a partition by an appraisal, a joint owner attempts to take sole ownership of a property but cannot reach an agreement on the property’s value. Once fees and costs are deducted from the “selling” parties’ share, the “selling” parties will receive financial compensation for their share, again based on the valuation provided by a third-party appraiser or appointed by the court.

Bottom line

Those co-owners who wish to leave their business can legally sell their share. In complex partnerships, the court may partition the property equitably, or the parties may agree out of court.

Experienced legal counsel can help you strategize and reach a favorable outcome faster, without unnecessary fees and costs, whether you are filing or opposing a partition action.

This will help you know what to do in a partition action. If you must deal with a partition action, please let us guide you through the process and watch over your interests. We are Attorney Real Estate in California with experience in partition actions.