Legal Question in Real Estate Law in California

Re: forced buyout of real estate owners

Not exactly, but you can more or less accomplish the desired result most of the time by bringing a special kind of lawsuit called a "partition" action against the co-owners.

A partition action asks the court to order a division of the property between the co-owners according to the interest of each. In older times, this was usually done by subdividing the parcel involved, but in a largely urban society and with strict rules for subdivisions in effect, more often than not the court orders the property to be sold and the net proceeds fairly divided among the co-owners.

While a sale to a stranger is not your desired outcome, a partition action can bring about a buyout by you in one of the following ways: first, upon being served with the suit and getting legal advice as to the inevitable result, the reluctant co-owner will usually negotiate a buy-out. If this doesn't happen, then you get a second shot at buying the property by making the high offer at the court-ordered sale. Of course, you'd be paying 70% of the bid to yourself, but you never know who you'll be bidding against or what price you'll have to meet for the other 30%.

Please feel free to contact me for particulars or for representation; I've done several of these recently and have conseled many others on how to do a partition and what to expect.

Re: forced buyout of real estate owners

A partition action would be filed. The court would order a sale of the house.

Re: forced buyout of real estate owners

You can file a partition action, forcing the sale of the property.