Legal Question in Real Estate Law in California

Re: Inherited property

You can probably sue for partition of the property which would probably result in you receiving the cash value of your ownership interest in the land. We have done this for clients in the past and could help you.

Feel free to call or email to discuss.

Re: Inherited property

You can force the issue by a lawsuit requiring the property to be sold and the net proceeds split according to your interests. It is almost a foregone conclusion you have the right unless the property was conveyed to you subject to a condition antecedent. It's called a partition action. Usually a credible threat of a partition action (i.e. from a reputable attorney) moves the party to the table to negotiate a resolution short of the lawsuit. Give me a call if you want. By your zip code I trust I am geographically nearby and certainly willing to assist.

Re: Inherited property

Your rights include:

(1) The right of shared possession of the entire property - you are "legal roommates" in the property.

(2) The law also provides that an unhappy co-owner almost always has a right to require "partition" of the co-owned property. In the old days, this was usually by physical subdivision, hence the name "partition," but this is no longer practical in most cases due to modern real property holdings usually being small, urban, and highly improved rather than easily-splittable farms and ranches.

So, in a modern partition lawsuit, the proceedings are divided into two parts. First, the court will determine the right of the party to have a partition at all. This is usually a slam dunk if he can show he is a co-owner in the first place, because partition is a basic right and unless the right has been waived, the other owners have no real defense.

Upon finding that partition is proper, the judge will issue an interlocutory order of partition, and the property will be sold. Usually, this can be done by ordinary commercial means, using a broker and a listing, rather than by a courthouse-steps auction.

After a sale, the parties will be back in court for a determination of their rights to receive shares of the net proceeds of sale. At this time, the court will consider whether an owner's share should be adjusted up or down based on (for example) his having shelled out amounts in excess of his fair share for necessary costs such as property taxes, insurance, mortgage payments, and repairs.

It has been my experience that many partition lawsuits are settled out of court, very early-on, when the defendants realize what will eventually happen, and decide to buy out, be bought out, or to sell the property to an outsider without any further costs and delays connected with litigation.

Often, when there are disputes over what is a fair share for each of the net proceeds, the parties may agree to submit those issues to private arbitration, which can be a faster and cheaper way to handle them.

I can do partition suits effectively and economically in any California county; if you need such services, please ask me for a fee proposal.

Re: Inherited property

Yes, I am interested in your case. All of the other attorneys have essentially provided you with the basic law of partition, of which I am very familiar for over the past 28 years.

I can only add that a competent handling of this matter should look at other remedies rather than exclusively just at partition. I handled a partition case late last year when the real estate market collapsed in the Inland Empire (i.e. Riverside County). If I had just proceeded with the original partition plan the client wouldn't have realized a dime from the transaction after the attorney's fees and court costs were paid first, which they are in such cases. If I were you I would select an attorney who has that kind of experience, especially in this down real estate market. Call my office if you are interested.