Legal Question in Real Estate Law in California

The first question is do the co-owners own equal shares to begin with. They may but that is not always the case. Then, the partition action is much like a partnership dissolution. Each owner can assert claims for expenses paid or income that they claim should be shared, and if they cannot agree the court sorts it out. Any one owner who wants to sell can file the partition action. There is generally no reason not to include any others who agree, though, unless you are not hiring an attorney. In that case, since none of the owners who is not an attorney can file on behalf of any other, each would have to file their own, or one could file and the others could file joinders. Partitions can be tricky, though. I really cannot recommend strongly enough that it not be done pro se. Partitions are definitely cases where a good attorney will wind up saving way more than they cost in the end.

The court has a degree of discretion in awarding attorney fees in the notiion that dividing and selling the property benefits all owners of the property so they should share in the legal cost. I have attached a copy of an article on the topic. The litigation can become complicated; also, the family member who does not want to sell will be very angry and an attorney can shield you from some of the emotional fall-out. Without an attorney, unless the filings are merged together, then yo might have to file the same documents and forms three times instead of once. In the long run, if the property has any substantial value, you would be better off using an attorney. You should check with several as to their experience and hourly rates.

The court has a degree of discretion in awarding attorney fees in the notiion that dividing and selling the property benefits all owners of the property so they should share in the legal cost. I have attached a copy of an article on the topic. The litigation can become complicated; also, the family member who does not want to sell will be very angry and an attorney can shield you from some of the emotional fall-out. Without an attorney, unless the filings are merged together, then yo might have to file the same documents and forms three times instead of once. In the long run, if the property has any substantial value, you would be better off using an attorney. You should check with several as to their experience and hourly rates.

In the equity arena, partition is the procedure for segregating or terminating common interests in the same parcel of property, as where property is held jointly or by tenants in common. California has a statutory scheme governing partition, set forth at Code of Civil Procedure section 872.010 et seq. As one would expect, there is authorization to pay attorney�s fees under certain circumstances. Section 874.010 defines partition costs to include reasonable attorney�s fees incurred for the common benefit, as well as other common benefit disbursements. In turn, section 874.040 provides that the court shall apportion the costs of partition among the parties in proportion to their interests, but retains discretion to make an equitable apportionment on other bases. However, the ordinary rule is to apportion fees and costs determined to be for the common benefit. (Finney v. Gomez, 111 Cal.App.4th 527, 546 (2003).)