Legal Question in Real Estate Law in California

Re: Three investors two want to sell other does not

"Partition of Real Property." Do you have a written agreement between all the partners? This may affect your rights.

Re: Three investors two want to sell other does not

A partition action has to be filed. There is no form other than by 28 line pleading. Please contact our office if you need assistance.

Re: Three investors two want to sell other does not

yes but you need to file a Partition Action which means self help forms are out of the question --- you need a real estate attorney who litigates and you wshcul get one immediatly --- I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

Re: Three investors two want to sell other does not

Partition action. The three of you will need an attorney. My email is [email protected] and my phone is (310) 266-4115.

Re: Three investors two want to sell other does not

Partition by Sale.

Our offices specialize in this as well as other forms of property transactions including family trusts.

Please learn more about me and our firm Schofield & Grossman, located in Pasadena, CA, on our firm's site at

www.No-Probate.com

Regards,

Scott Linden

Re: Three investors two want to sell other does not

A 'partition action' as referred to in the previous answers is a special kind of lawsuit. See Code of Civil Procedure sections 872.010 through 874.240. The name arises because in earlier times co-owned property was physically divided or 'partitioned' into smaller parcels. Nowadays, "partition' is usually accomplished by sale and equitable distribution of the net proceeds among the cotenants. The trial is split into two phases: the first to determine the plaintiff's right to demand partition, the second to carry out the partition, determine the parties' money claims, and distribute the proceeds accordingly.

A partition is especially unsuitable for in pro. per. plaintiffs. Among other things, a non-attorney must obtain a judge's prior approval to file, record and serve the lis pendens; a lawyer need not do so.

Usually, a co-owner may force partition as a matter of right, but there are recognized defenses including waiver. A co-owner may waive his right to partition by, for example, entering into an agreement to develop the property in such-and-such a way, or by giving a right of first refusal, or even by expressly giving up the right.

Most partition suits are settled out of court, in whole or in part, long before the dreary and expensive legal process comes to final judgment. The reluctant owner usually sees the handwriting on the wall and gives in; then the case is dismissed in whole or in part, with the court perhaps retaining jurisdiction to divvy up the money after sale.

Re: Three investors two want to sell other does not

Need to file a Partition action.

Joel

JOEL SELIK

Attorney at Law

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