Legal Question in Real Estate Law in California

Petition to Partition / Ownership Rights

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.


Asked on 11/23/08, 6:19 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Petition to Partition / Ownership Rights

Property title decisions are not by majority rule!

Any lawsuit has to be filed where the property is. Feel free to contact me if you decide to take legal action, if the property is in SoCal.

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Answered on 11/24/08, 4:57 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Petition to Partition / Ownership Rights

Where the land is, but that may not be what you should do.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

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Answered on 11/23/08, 6:58 pm


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