Legal Question in Real Estate Law in California
What kind of attorney handles Partition Petition lawsuits? I have been bounced around by various attorneys. I thought it was a real estate attorney issue, but was then told I need to contact a Family law attorney; however, I am not married and do not have children with my boyfriend, with whom I purchased a house. I want to sell, have him buy me out, or let me buy him out; he is unwilling for anything. I am not living in the house at present, but am still paying my side of the house payment as he is unable to cover the entire payment. What and where should I go?
5 Answers from Attorneys
To an attorney that understands real estate law and family law.
This office has handled several partition actions. It is not a particularly difficult case. The court will divide property owned by two or several people based upon their contribution to the purchase of the property other ownership claims. It is also an action which "quiets title" or puts an end to unfounded claims. Contact me directly,
Real estate law is the proper specialty. The applicable code sections actually forbid the use of a partition to divide marital property.
If the property to be partitioned is in Concord, I could handle the case. I have just settled a partition case in the Hayward branch of Alameda County Superior Court, and my wife co-owns a business in Concord (for which I am general counsel) so I'm over there often. Also, I successfully partitioned a ranch I once co-owned with two partners after a dispute arose.
I also understand and apply special knowledge relating to co-purchases of houses by unmarried couples that may get you a bigger piece of the pie in the final settlement, and my rates and billing are reasonable.
IF ALL you seek is dividing that one piece of property as 'partners', it is a normal civil lawsuit seeking partition and sale, handled by any experienced civil litigation attorney. If you are adding in anything else, like claims for domestic partnership rights, support, personal property division, etc., then you'll end up in divorce court to handle it all.
The previous answers that this should be a real estate matter are generally correct, but as former cohabitants there might be family law issues that are not apparent from your question. I personally have experience in both areas of the law, primarily on the real estate partition side, and I have an associate who specializes in family law. So I am sure we could assist you. Please contact me if you would like to arrange for a free initial consultation.