Legal Question in Real Estate Law in California
Quiet Title or Partition Action? Joint Tenants with Unequal contributions. How to claim title?
1 Answer from Attorneys
It depends upon the result you want. If you want legal title reflecting your true purchase-money contribution, quiet title based on a purchase-money resulting trust theory would be the way to go, probably; if you want to cash out; partition.
Having seen a later post, same Zip code, same but more detailed facts, I'd say "Jane" has at least three ways to pursue her rights, each with different problems and different remedies, which include quiet title, partition, and dissolution of partnership.
The election of causes of action, and thus of potential remedies, requires a careful evaluation of the plaintiff's preferences, the equity in the property, the ability of the defendant to pay a judgment, the certainty of establishing the existence of a partnership, and possible defenses.