Legal Question in Real Estate Law in California

Can the two majority owners force me to sell my 25% undivided interest in a one acre million dollar property. How long can I delay the offer by a third party by having to respond to a suite by my estrange family majority owners. I have paid property taxes for 10years and have enjoyed the use of property for 40 years.


Asked on 3/08/12, 7:21 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Probably. There is a special kind of lawsuit provided for in the Code of Civil Procedure, called a suit for partition. The name comes from older times, when co-owned real estate could be subdivided when the co-owners became unhappy with the situation. Nowadays, with laws limiting the subdivisionm of property and most parcels being developed with houses anyway, the predominant type of partition we see is "partition by sale" in which the court will order the property sold, the liens paid off, and the balance distributed to the former co-owners in a fair manner, taking into account voth their percentage ownerships and the right to be reimbursed for certain expenses (taxes, maintenance, insurance, etc.) paid by an owner.

The right to partition property is quite broad and general, and if one co-owner wants out, all the others will usually be forced to allow the property to be sold and to accept money from the net sale proceeds instead. The process kinda breaks down when there isn't any equity in the property, but based on the length of time this property has been owned, I assume it has significant net equity to be distributed upon sale.

The apparent sole defense to a suit for partition seems to be that the parties have waived the right, either expressly or by implication. For example, if the co-owners have just contracted to have a building constructed and have a deal among themselves to be co-landlords, the court likely would say that by entering into a development agreement with respect to the property, that the co-owners had waived their right to sue for partition.

Any co-owner can initiate a partition suit, even one with only a 1% interest.

There is a provision in the partition law whereby one of the co-owners can become the buyer, at an appraised buy-out price. If you really wanted to stay on the property you could investigate that aspect of the law, but you'd need to be prepared to come up with the buy-out cash, perhaps through taking out a loan.

Look at Code of Civil Procedure sections 872.010 to 874.240, available on line or at a law library in every California county -- or contact me directly.

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Answered on 3/08/12, 7:53 pm
Terry A. Nelson Nelson & Lawless

Any title owner can compel an "Accounting and Sale" to obtain payment of his share. Negotiate something with them, or end up in litigation if they are willing to pursue it.

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Answered on 3/09/12, 12:21 pm


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