Legal Question in Real Estate Law in California

Re: equitable partition

If real property is owned concurrently by two or more persons, then any of the interested parties may file a lawsuit to �partition� the property which, effectively, requests the court to physically divide or, alternatively, order the sale of the property and division of the proceeds. The action is called a partition action and for people with concurrent interests (currently existing) who have not �waived� the right to partition, it is an absolute right. The demand for partition must be granted by the Court to those persons.

Obviously the Court won't "divide" a house, but you can use it as the vehicle to either force the sale or force a buy out.

Feel free to contact me if you need further assistance with this.

Re: equitable partition

You need to file a partition lawsuit, which is a request to divide or force a sale of the property. If it is a house, most likely the court will establish a buy out price or force the actual sale, with the proceeds being divided according to the interests of each owner.

Re: equitable partition

i just answered this question for another person again in so. ca --- juset research my answers on this date and take that advice --- good luck

Re: equitable partition

A partition action. Not for an amature so get representation. I practice in L.A. and Orange County. Call me directly at (619) 222-3504.