When a dispute happens over the property, one of the parties files Partition Action. A dispute may occur when owners cannot agree on the partition of the property.
When several people share joint ownership of a property, conflicts can arise. Maybe one person wants to keep the house, and the other wants to sell it, or if their relationship ends, they both want to be free of a shared possession. In any case, partition action might be the only way to determine how to move forward.
But to understand how you can divide your property, you must know what possible steps you must take before taking legal action. We will look at the types of partitions to help you with property ownership. Moreover, we will go into detail about what is a partition action.
What is a Partition Action?
A partition action is when co-owners of a property disagree about the partition of the property. Thus, they may disagree about the cost, the amount they will get, or selling it in the first place. Two or more family members may share the title of the property. Or in another case, two parties may co-own property due to their financial interests.
The dispute may arise when, even after sharing the title, the expenses are not managed equally by both parties. Hence, one of the parties may call it a dispute and bring a lawsuit.
To understand the lawsuit, and what can happen if a property dispute arises, let’s understand what is a Partition Action and how to divide the land among families.
California Partition Action
In California, if shared owners of a property fight about the right to the asset, they can call it a dispute. For example, if there is a problem like how to divide the land among the family, it can turn into a dispute. In such cases, one of the parties can file California Partition Action and bring the other party to the court. However, it is not the only solution. There are various ways to solve the issues before bringing them to court.
Yet, if the parties bring the matter to the court, there are different ways of partition. In California, the California Code of Civil procedure has three ways to divide the property. Those are:
- One of the traditional methods is to sell the property and divide the profit.
- In another method, the court divides the property physically.
- One party gives the amount to buy the interest of the other party, according to the decision.
There are many other factors that the court may consider before proceeding with the California Partition Action. Thus, consider hiring a real estate attorney as they can help you in the lawsuit. Some of the legal aspects that you may want to understand before the hearing in the court are Rent, mortgages, and other improvements made in the property.
Thus, if you are in California, you should check the California Code of Civil Procedure to understand the lawsuit. And as a result, to realize if you should proceed with the California Partition Action or not.
Partition Action Defined
A real estate split happens when two or more parties, who co-owns a land, disagree on its distribution. This lawsuit is most common following a bad business link or during divorce trials. Also, it may happen when dividing an estate between family members.
A lawsuit usually comes to one of two conclusions. Either the court orders to sell the property to a compulsory auction, or privately. Thus, each owner will receive an equal share of the profits. Or else, the court splits the property into parts, with each owner receiving an undivided interest in their portion.
In unusual situations, the court can grant title to one party and order them to buy out the others. The latter option is typically used when there is a large amount of land that the court can divide easily. If the court is responsible for splitting a single residential or commercial building, most lawsuits result in a forced sale.
Types of Partitions
Property split can occur in three ways: allotment-based split, partition in kind, and sale-based split. We will go through each, so you can get a sense of which method would be best for your home.
This is a rare type of split; one person is given the title and then the court orders buying out the other co-owners. It is not available in every state.
It usually happens in estate cases where it is legal. In these cases, estates typically grant both siblings joint title of the family home. While the others have moved out, one sibling has remained a life tenant in the building. In this case, the life-tenant sibling is usually given rights and then the court instructs buying out the rest of the family.
Commonly known as a partition in kind, this is when the property is split into equitable shares. Each property owner will receive a percentage that is relative to their share of the property’s title. However, when there is enough land to give each co-owner a reasonable-sized plot, this form of partition is most common.
After that, a quiet title suit would be brought in court to grant each property owner individual ownership rights. The county clerk will need to report each division and the property taxes will need reassessment.
The most popular way to divide real estate is to sell it. It is a type of partition in which the property is sold at auction or through a private sale. Thus, the proceeds are divided equally among the co-owners. A real estate attorney may assist the referee with the selling process.
When the property is difficult to divide equitably, this form of the split is the best option. Or in another case, when the parties do not get along, this type of divide may occur. After all, it is much easier to divide money fairly than it is to divide the land.
Partition of Property Among Family Members
One of the eligibility criteria for filing the lawsuit is inheritance. Thus, family members need to partition property as well. However, there are certain types of partition of property among family members. For example, in a contested divide, the judge may consider documents of legacy and other things. However, it is not the same in the case of uncontested partitions. For instance, in a partition deed, each member gets the part allotted to them as per law.
How Can a Real Estate Partition Attorney Help?
In the case of family settlements or partitions, a real estate attorney can help. They can act like an individual with the knowledge to guide you about the process. Moreover, they understand the law in-depth and can guide you about the type of ownership you have. Also, the good thing is, the solution may cover the cost of partition action.
A real estate attorney can help you in understanding the process. They can guide you about some dos and don’ts of the lawsuit. Still, if you are hesitant in hiring a real estate attorney, here is how they can help:
Filing a Partition Action
First, and most notably, a real estate attorney can help you in filing a partition action. Or in other words, understanding that even if you are eligible to find a lawsuit or not. Some eligibility criteria are inheritance, a divorced couple filing the lawsuit over a mutual property, or co-owned title for investment. Thus, it is also important to understand the type of title and under what legislation you can file the lawsuit.
In the partition of property among family members, a mediator can help. Hiring a lawyer is the best way to ensure proper division of the property. As a result, a lawyer can act as a mediator between you and the second party. Thus, with their in-depth expertise and skills, you can find some mutual grounds.
It is vital to hire an expert attorney for partition action. Therefore, you may want to explore the option of contacting Attorneys Real Estate Group. A lawyer can help you realize how to divide the land among families.
Understanding your rights
A real estate lawyer can help you understand your rights. They can help you understand your aim and the other party’s goals. Thus, in some cases, you may find a mutual ground due to differences of interests. Hence, hiring a lawyer is the best strategy if you are looking for a real estate solution.
Cost Of Partition Action
Cost of Partition Action depends on your location, state, and difficulty of the case. However, the good part is, if you can bring the lawsuit to the court, both parties may cover the cost. Or else, if the court directs something else, it happens according to the court’s direction. For example, if any party is not supportive, the court can direct them to pay the cost of Partition Action.
Frequently Asked Questions on Partition Action
When it comes to partition action, many people are still very confused. The truth is that without the right knowledge on this subject matter, you may struggle to get such process decided in your favour. This is why we have managed to put together some of the most common questions amongst people who are experiencing cases related to partition action. Check them out below.
How Long Does It Take For Partition Action To Be Completed?
The first thing you need to understand is that there are lots of factors involved. Therefore, there is no fixed timeframe that a partition action process can last before getting completed. However, it can take between 3-9months. Some factors that will determine its timeframe are whether or not it is to be settled in a law court, the experience and knowledge of the attorney you have chosen, and the nature of your case (complexity).
What Are The Methods of Partition Action Available?
There are 3 ways that partition action can take place. These are:
- Partition by physical division
- Partition by appraisal
- Partition by sale
In a situation that involves partition by physical division, such land or real estate property will be divided based on its proportional value. It majorly involves properties that are underdeveloped. If an owner will receive a part of the land which isn’t up to the money that is shared, the court won’t authorize the use of partition by division.
In partition by sale, the court will force one of the owner’s (co-owner) to have the property sold. This option is explored when any of the owners is against the idea of selling such property. In this case, it is the court’s duty to determine how the proceeds will be shared. Please note that you need a reliable attorney for this process to work in your favor.
Partition by appraisal occurs when the interest of one party or owner is purchased by another owner. The parties involved are expected to reach an agreement about one party remaining the owner of such property.
Is It Possible To Win A Partition Action?
Of course, it is possible to have partition decided in your favor. It is all about understanding the right steps that you need to take at every given time. For instance, you should consider the possibility of hiring an experienced attorney who can help you. Such professional will be in the perfect position to render advice. Apart from this, there are some other ways you can win. These are:
- Ensuring you are getting a fair price
- Not allowing a co-owner to buy you out. Instead, such property should be sold in an open market
- Being specific with your attorney about what you want
Is There Another Way That The Dispute Can Be Resolved Apart From Partition Action?
Of course, this is very possible. In fact, it is even much better since such will save you unnecessary additional cost of hiring the services of attorney. This is because such professional won’t have to deal with complex court procedures. For instance, parties involved in such dispute can decide to settle it outside the court. You need an attorney that can help in negotiation of favorable terms.
Real Estate Partition Attorney Near Me
Your state’s split statute will determine the specifics of the lawsuit. Before continuing, you should speak with a real estate attorney to make sure you know what to expect.
If you are looking for expert assistance, contact Attorneys Real Estate Group now. Also, you can contact us for a free consultation. Thus, contact us on call at 916-671-3138 or our website Attorneysre.com.