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Joint ownership problems resulting in Partition actions - Newport Beach Real Estate Attorneys
by Legal S. Real Estate Attorneys in CA and NVNewport Beach Real Estate Attorneys experienced attorneys have an extensive understanding of real estate law and are committed to providing reliable and professional services to our clients.
We are dedicated to finding solutions that will protect our clients’ best interests.
Newport Beach Real Estate Attorneys understand that joint ownership of property can lead to a variety of complex legal issues.
We specialize in partition actions and other real estate disputes that most often result from joint ownership problems.
Legal solutions that fall into four broad categories: partition by sale, partition by division, partition by exchange and partition by settlement.
A good real estate attorney can help you navigate these complicated problems.
Cases in real estate joint ownership problems most often result from sharing tenants in common by:
- Father/Mother-Son/Daughter
- Brother-Sister
- Investor-Investor
- Non-Married Partners.
When one of these types of co-owners decides to initiate a partition action, then there are well-known stages to the partition lawsuit.
Generally, a partition action has four stages, which include:
- the filing of the lawsuit
- the determination of the parties' interests
- the appointment of a referee and the sale of the property
Generally, Newport Beach Real Estate Attorneys say the determination of the ownership interests in the property will occur by a simple reference to the deed on file with the county.
Sometimes, however, further investigation may be necessary when there are arguments about ownership interests as alleged in the deed.
To initiate a partition action, a real estate attorney can help you file a complaint with the court. The complaint will outline the details of the property and your claim to a portion of it.
Once the complaint is filed, the court will order the other owners of the property to appear in court and present their claim to the property.
The court will then determine whether the property should be divided among the owners or not.
With the help of a real estate attorney, you can make sure that your rights to the property are fully protected throughout the process.
These arguments are generally based on the differences between joint tenants and tenancies-in-common, or about an agreement that the parties made with respect to the property at issue.
An experienced partition lawyer will be familiar with all the nuances of deed and will be able to provide insight into the different arguments that can be made about the nature of a party's interests as set forth in a deed.
When the ownership interests are determined, this will signal the end of the first phase of the partition action. The formal conclusion of this part will take the form of an interlocutory judgment entered by the court.
A partition action real estate lawyer can help you determine the best course of action if you need to divide real estate among co-owners.
They can provide legal advice regarding the fairness of the division, as well as representing your interests in court, if required.
Newport Beach Real Estate Attorneys, for example, can also provide guidance on how to properly mediate between the parties to come to a mutually beneficial agreement.
With an experienced partition action real estate lawyer on your side, you can rest assured that your rights and interests are protected.
Our experienced Real Estate Attorneys can help you navigate the legal complexities involved in buying, selling, and transferring real estate.
We can provide advice on how to dissolve or purchase real property with other co-owners, as well as how to handle landlord-tenant disputes.
Our attorneys have extensive experience in all aspects of real estate law and are committed to providing personalized, efficient legal services.
Whether you are buying your first home or selling a commercial property, we can help you every step of the way.
Newport Beach Real Estate Attorneys legal team is well-versed in the laws and regulations of the real estate industry and are here to help clients achieve their legal and financial objectives.
Partition by Sale is exactly what it sounds like: the Court forces a sale of the property. Of course, if the parties agree to sell, no court action is necessary. And this should be the starting point for any co-owner looking to get out of their arrangement with the other owners: try to work out an agreement with your co-owners.
If there was a prior written or verbal agreement regarding ownership of the property, the co-owners may be required to take certain actions before filing, such as first offering to buy out the others’ shares or allowing co-owners’ to match any potential third party offers.
If you would like to file a partition action, or have been named as a defendant in a partition action, contact ANAND LAW today. ANAND LAW also acts as Partition Referee to sell property that is subject to partition privately or publicly.
THE “ABSOLUTE” RIGHT TO PARTITION (AND EXCEPTIONS)
Although partition is regarded as an “absolute” right, there are exceptions. Community property cannot be partitioned.
The right to partition can also be waived by either express or implied agreement. Waiver can be written or oral, but proving an oral waiver will almost certainly be difficult.
California Courts have found a waiver of the right to partition where parties to divorce actions entered into property settlement agreements allowing one spouse to live on property for life or until remarried. However, even life and remainder estates can be partitioned in the right situations.
California Courts have also found a waiver of the right to partition in situations where co-owners had agreements as to how they were going to use the land for business, such as:
- where the co-owners have an active operating agreement to use the land to run an oil business;
- where there was an agreement to provide continuous income to investors under a long term lease.
Each situation is unique, and a thorough understanding of all California cases is necessary to evaluate your situation and make the best possible decision as to how to proceed.
CO-OWNER’S RIGHT OF FIRST REFUSAL DOES NOT PREVENT PARTITION
A co-owner can force partition despite an agreement giving each co-owner a right of first refusal. The California Court of Appeal dealt with this issue in Leg Investments v. Boxler.
The co-owners had an agreement which required them to, before selling their interest to a third party, allow the other co-owner to purchase it at the same price.
The co-owner who wanted to sell his interest found a buyer, and then offered to sell it to the co-owner for the same price. The Boxlers refused to buy Leg’s interest.
Leg then demanded that the entire property be listed for sale, or that the Boxlers by out his interest. The Boxlers again refused.
Left with no other option, Leg filed an action for partition. The Boxlers argued that their agreement to have a right of first refusal amounted to an agreement that the parties waived their right to partition.
The Trial Court agreed, finding that there was an implied waiver.
However, the California Appellate Court disagreed and reversed the Trial Court’s decision, finding that the right of first refusal “merely modifies the right of partition to require the selling cotenant to first offer to sell to the non-selling cotenant on terms as favorable as those offered by the prospective buyer.”
This is now the law in California. If you have an agreement (written or verbal) with co-owners, and you want to divide your property, contact ANAND LAW today for a no-obligation evaluation of your situation.
Our firm provides experienced legal counsel for all aspects of real estate law, including partitions. We specialize in researching title issues, drafting contracts, negotiating settlements, and representing clients in court.
Our attorneys bring extensive experience to each case, ensuring that our clients receive the best legal advice and representation in real estate law and partitions.
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About Legal S. 
Real Estate Attorneys in CA and NV
19 connections, 0 recommendations, 54 honor points.Joined APSense since, June 26th, 2020, From Newport Beach, United States.
Created on Aug 8th 2023 02:00. Viewed 132 times.
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