HUNTINGTON BEACH PARTITION ACTION ATTORNEY
If you own property with someone else and cannot make a decision regarding how to utilize the property, or whether to sell it, you may have to seek legal recourse. Specifically, if your interests with your partner diverge regarding how to use, lease, improve, or sell the property, your best course of action may be to have a legal proceeding called a partition action. Under the California Code of Civil Procedure under C.C.P. 872.210, a partition action does not create a new title, rather, it divides the property between the owners.
VOLUNTARY VS. COURT ORDERED PARTITION ACTIONS
If both parties agree on all aspects of the partition action, the legal motion can be handled voluntarily. Many parties are happier after this division of property, where the dispute is settled either through a sale of the property, or a determination how to split (or “partition”) the property among the owners.
However, in many cases, a voluntary partition is not possible, and a court-ordered partition (or “compulsory partition”) will be necessary. The court will make legal determinations about the ownership of the property, including titles, interests, and rights.
TYPES OF PARTITION ACTIONS
Two types of legal partition actions are “partition in kind”, and “partition by sale”.
- A partition in kind action terminates the individual property owners’ interests as joint owners and creates separate and divided portions of the property. This type of partition action tends to happen more when the parties are amicable, and simply have disagreements regarding how best to utilize the property or land. In this case, each property owner has their own separate, undivided and unshared portion of the land to do with as they so choose.
- A partition by sale action (also known as “succession”) sells the property and then divides the proceeds appropriately among the owners. This type of partition action tends to happen when the parties are not agreeable and cannot decide whether to sell or utilize the property. Partition by sale allows each property owner to take the proceeds of the sale of the property and make a unique determination and decision that is best for them.
POSITION OF THE COURT
As the right to a partition by a property owner is considered an “absolute right” by law, it is a solution that is typically favored by the courts. A partition action can maintain peace among owners of the property, or at least divide the property equitably among them. If you follow the correct legal process and proceedings, your partition action should be granted by the court, even if you may have to compromise on some issues.
CONTACT AN EXPERIENCED HUNTINGTON BEACH PARTITION ACTION ATTORNEY TODAY
While your partition action may be amicable, contacting an experienced real estate agent can be beneficial to ensure that your property rights are protected. Partition actions are extremely complicated, and the legal process from beginning to end is complex. However, you have the right to either enjoy the portion of the property that you legally own or are entitled to compensation that accurately represents that portion of the property. Visiting with an experienced Huntington Beach real estate attorney from Thaler Law, can help you understand your legal rights regarding your partition action. Contact us at 866-271-5290 or online today for your free consultation.