Legal Question in Real Estate Law in California

Re: sale of real property

Partition action. I'm in L.A. County. You may contact me.

Re: sale of real property

Through a lawsuit for Partition.

JOEL SELIK

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Re: sale of real property

A lawsuit for partition. If you have any questions about this process or the documents you need in support, please contact me.

Re: sale of real property

If a negotiated settlment cannot be achieved, then a partition action is in order. Call me directly at (619) 222-3504.

Re: sale of real property

Since you use the term "force," I assume you've tried negotiation and that's failed.

When one must resort to the courts, the first inquiry is whether there is any kind of enforceable contract between the co-owners regarding the property. Such a contract, if one exists, could perhaps be enforceable for specific performance or, possibly, it could affect your right to take the next step, which is a lawsuit for partition.

Partition is a special kind of lawsuit which may be brought by one co-owner against the other(s) to oblige physical division (hence the name) or, more frequently in modern times, a court-ordered sale and division of the net proceeds.

A partition suit proceeds in two phases. First, the court decides that the plaintiff has (or doesn't have) a right to partition. This results in an interlocutory decree ordering sale of the property. This is usually done by commercially-sound means such as retaining a broker to advertise and sell the property, rather than a courthouse-steps auction or a trustee sale in foreclosure. Nevertheless, the circumstances do not always produce the best selling price.

In a second phase, the court, or a court-appointed referee, will determine the proper allocation of the net proceeds (after selling costs and paying off liens of all kinds). This allocation will take into account all kinds of claims between the (former) co-owners, offsets, rents received, reimbursement for necessary expenses paid, and so on.

Often, the mere filing of a partition lawsuit is sufficient to cause a recalcitrant co-owner to bargain in good faith for an out-of-court settlement.

So, this is your basic road map. If you wish, contact me for further details and suggestions.

Re: sale of real property

YOu can only force a sale by bringing an action for partition. Get out your checkbook.