Legal Question in Real Estate Law in California

Re: 2nd tear leander, and help filling out forms.

You need to do a partition of your joint property and if you need assistance you may call our office at 213.388.7070 for a free consultation.

Re: 2nd tear leander, and help filling out forms.

We may be able to legally assist you once we know more on what you are seeking exactly. For a free phone consultation, contact us directly today.

Re: 2nd tear leander, and help filling out forms.

Is there some equity in the property? In other words, will it appraise for more than the loans and tax liens already in place? I suppose the answer is yes, otherwise the unwillingness of the partner to sign for a loan wouldn't be mentioned.

Second question: What exactly do you mean by partner? If the property is truly owned by a partnership, your best legal action, perhaps your only legal option, is to sue under partnership law to dissolve the partnership, dispose of its assets by sale, and distribute the net cash after paying the bills.

If, however, you and the "partner" own the property as tenants in common or as joint tenants, the proper legal action is a partition action - a specialized kind of lawsuit that asks a court to order the sale of co-owned property and division of the net proceeds. In some cases, a partition suit can also be used to divide partnership property, see Code of Civil Procedure section 872.730.

The point of mentioning all this is to someone who may not be able to carry either type of lawsuit to completion due to lack of funds is that your partner probably doesn't have the funds to defend either kind of suit. Strategically, filing the suit should result in making your partner more willing to face the facts and negotiate reasonably.

So, try to find a lawyer that will initiate the suit on a contingency or deferred fee basis - the lawyer gets paid if and when there is a judgment or settlement that allows you to tap the equity in the property.