Legal Question in Real Estate Law in California

Re: Disolving co-ownership of vacation home

It would be best to negotiate an agreement. If this does not work, a partition action will have to be filed. Please contact our office for consultation and review of your documentation.

Re: Disolving co-ownership of vacation home

A partition action is a special kind of lawsuit, traditionally available to co-owners of property and now codified in the Code of Civil Procedure. At one time, when we were an agrarian society and before strict subdivision laws, "partition" usually amounted to dividing the family farm between feuding co-inheritors. In modern times, it's more usual that the court order "partition by sale," in which the property is sold under the supervision of the court and the net proceeds are divided equitably (not always 50-50).

More often than not in a situation such as yours the filing and service of a partition lawsuit would be sufficient to bring the parties to the negotiating table, and the suit would be settled by some kind of out-of-court deal long before the case wound its long and expensive way through the court.

Re: Disolving co-ownership of vacation home

My recommendations are that you see an attorney for assistance in filing an action for partition. I expect your sister and husband may change their mind if such an action is threatened. Call. Don Holben 800-685-6950

Re: Disolving co-ownership of vacation home

I suggest you contact an experienced attorney to attempt to negotiate a settlement. If this fails, a legal action will have to be filed seeking partition. Hopefully, once the suit is filed and served a settlement can be reached. Please call me at (818) 991-6664 for a free initial telephone and/or office consultation.

Thank you for your inquiry.

Re: Disolving co-ownership of vacation home

from the facts given, you can file for a partition with the court to cash your equity out.

if you would like a free case evaluation/consultation, email me with your contact information to expedite matters.