Legal Question in Real Estate Law in California

Re: may need to force sale of property

How costly will depend upon the response of your parents. Once the suit is filed, normally I'd expect them to agree to buy you out for a fair price or list the property for sale. But, who knows. You should anticipate the partition action to cost you at least $3-4,000 when all is said and done. May more, but I doubt it.

Re: may need to force sale of property

Generally speaking, you should expect $5000 - $10,000 if there is a response by the parents, less if no response.

Re: may need to force sale of property

Once suit is filed, the other side will usually understand that they need to cooperate and reach an agreed-upon price. An agreed appraisal usually is the normal route and thereafter, some negotiation. You should expect to spend upwards of $5000 to $7000 in fees and costs, short of trial.

Re: may need to force sale of property

Usually it is a tooth and nail fight. You may contact me.

Re: may need to force sale of property

Normally, these cases are settled once a lawsuit is filed. Sometimes, they can be settled prior to litigation. Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

Re: may need to force sale of property

A partition action is a lawsuit. It has all the attributes of a conventional lawsuit, including discovery and trial. In addition, if the trial results in an interlocutory decree of partition, there will be a second stage in which the property is put up for sale, the sale takes place, and then, after an accounting, the net proceeds of sale are divided in accordance with percentage ownerships adjusted for debits and credits for things like rents received, improvement expenditures made, and certain costs of the suit and sale.

Of course, not all -- probably only a small fraction -- go all the way to final decree through the adversary court process. Most co-owners find ways to settle, sometimes through dropping the action, sometimes consenting to a voluntary listing and sale, and sometimes one co-owner will buy out the other.

How long a complete partition action takes from filing to final decree depends upon how crowded the court calendar is, how much the lawyers stretch it out through extended discovery and other delaying tactics, and, importantly, how long it takes to sell the property. I recently wound up a partition case in which it took 18 months to sell a property because the buyer needed permits for its intended use, and it took 10 months to obtain them.

I know of partition cases that have gone to the Court of Appeal and took over five years and probably over $100,000 of fees (both sides combined) to prosecute to conclusion.

Others may settle within days of the suit being filed and served, at a cost of under $1,000.