Legal Question in Real Estate Law in California

Re: partition for sale

A lawsuit for partition by sale will almost inevitably result in either a sale and division of the proceeds in a fair manner, or an accepted buy-out offer by one owner of the other.

However, the route by which the happy outcome is achieved has several twists and forks, and its length is not known in advance.

Sometimes, the mere filing and service of the suit will cause the reluctant co-owner (usually the one in possession, it seems) to see the handwriting on the wall and enter serious negotiations for an out-of-court settlement, early on. Often, the settlement occurs before trial, sometimes in the form of an agreement to sell through a broker on regular commercial terms, then retain some of the net proceeds in the escrow for later division after an arbitration as to the fair division thereof.

I can give you a rough idea of cost. It could be from under a couple thousand to over $25,000 depending upon what's ultimately necessary to get a sale done and the proceeds divided, with maybe 5% of all cases being either more or less than the range given. I recently handled an ex-girlfriend partition case like yours in San Jose where the fees were about $15,000; the parties agreed to sell and have an arbitrator divide the proceeds on the day of trial. (The fees mentioned included mine and the arbitrator's.)

Re: partition for sale

Yes a partition action is requried and no, it is not too costly. I currently have a similar case for a property in East Palo Alto. Call me directly.

Re: partition for sale

Partition is likely the only way to force a sale. Like any court-assisted process, it can be lengthy. Costs vary, depending upon how much of a fight the other side puts up. Also, a partition requires the purchase of a special title report; the cost of a referee (for the sale) can be significant.

At its most basic premise, a partition action seeks to sell and divide proceeds of real property owned by two or more co‑tenants. As a general rule, each co‑tenant has the absolute right to seek partition, there are almost always significant disputes concerning both whether that right is available and also, if available, then to what extent the proceeds to each co‑tenant are subject to adjustment.

Partition lawsuits generally proceed along four stages: obtaining an order of partition and sale, the appointment of a referee, the order of sale, and the distribution of proceeds. At each stage, extensive litigation may be necessary or desired.

Our attorneys handle partitions on an hourly or contingency, depending upon the nature of the case.