Legal Question in Real Estate Law in California

Can you force a sale of property if a co-owner has his half in trust?


Asked on 4/09/12, 11:04 am

3 Answers from Attorneys
Joel Selik www.SelikLaw.com

Yes. A partition action.

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Answered on 4/09/12, 11:05 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There is nothing in the partition statutes (Code of Civil Procedure sections 872.010 through 874.225) that prevents an action being brought against a co-owner, regardless of whether the co-owner is an individual, corporation, trust, or whatever. The only restrictions are that a partition action cannot be used against a spouse, and if the property is owned by a partnership the use of partition (rather than procedures under partnership law) is up to the discretion of the trial judge. So, yes.

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Answered on 4/09/12, 11:47 am
Anthony Roach Law Office of Anthony A. Roach

Sure. The trustee of the trust will be a party to the partition action, but it does not stop it.

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Answered on 4/09/12, 12:31 pm


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