Legal Question in Real Estate Law in California
Can a Right to Partition be waived in a contract?
My husband and his brother inherited real estate from their mother. They are co-owners and disagree on how the property is being used. My husband's brother ignores my husband's wishes and is putting trailers and "improvements" on otherwise pristine ranch property. When their mother died, an attorney drew up a contract between them with the goal of never letting the property leave the family. My husband wants to be bought out, buy his brother out or sell the property. Unfortunately this contract states that the "right to partition" is waived by both brothers. Is this enforcable in the state of CA? thanks
3 Answers from Attorneys
Re: Can a Right to Partition be waived in a contract?
This sounds like a potentially very complicated set
of issues; much too complicated for you to get
reliable legal advice via e-mail. The right to seek partition can be waived, but where does that leave feuding co-owners?
That's a question that would take some research to answer.
You should take all of the paperwork to an attorney. If
you're in or near the SF Bay Area you can call my office
for an appointment.
Re: Can a Right to Partition be waived in a contract?
FAMILY ISSUES SUCH AS YOU HAVE DESCRIBED COMPLICATE PARTITION OR BUY OUT RESOLUTIONS, BUT YOUR RIGHTS CAN BE PROTECTED.
MUCH MORE INFORMATION IS NEEDED GET DIRECT LEGAL ADVICE AS SOON AS POSSIBLE...
Re: Can a Right to Partition be waived in a contract?
The short answer is yes, a waiver of partition of real property is enforceable in California, if the contract which contains the clause is enforceable. However, your husband may have grounds to attack the contract itself, if your husband did not have his own lawyer when the contract was signed, and especially if the lawyer who drafted the contract represented both parties. To find out more, visit our website @ labusinesslawyer.com.
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