Legal Question in Real Estate Law in California
Ownership Rights / Petition to Partition California
I have a multi-part question that I could use some answers to.
1. Is it possible for 4 of the 5 owners (undivided interest) of a piece of property to modify the boundaries, divide, or do anything else with the property without the permission, consent, or notification of the 5th owner?
2. If one of the 5 owners wants to file a petition to partition the said property but lives out of the state in which the property is (as do 3 of the other 4 owners), can the petition be filed in the state in which the other 4 live? (For example: the property is in California, but 4 of the 5 owners live in Idaho. Can the petition to partition be filed in Idaho, or must it be filed in the county and state where the land is?)
Thank you for any forthcoming help.
1 Answer from Attorneys
Re: Ownership Rights / Petition to Partition California
Answer to Question 1: No.
Answer to Question 2: No. Lawsuit must be filed in California.
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