Legal Question in Real Estate Law in California

Re: Buy-Out

The judge would normally allow one party to buy out the other. As a matter of fact, the judge would probably be very unhappy with the person who brought the partition action if it is shown that the other party was willing to buy him out.

Re: Buy-Out

Its an action in equity so the judge can do whatever he thinks is fair. Normally they order that the property be sold and the proceeds split up according to the interest each party has proven in the property. However, it is normal for one party to buy out other parties at a fair price for their interest and retain the property via settlement as well as by judicial order. I do a considerable amount of real estate work and you may contact me for a free consultation.

Re: Buy-Out

Normally, the judge will order a partition, but in the cases that I have handled, they are usually settled by an agreed sale through a realtor. With partition, the parties generally receive less. Please contact our office for consultation and review of your documents.