Legal Question in Real Estate Law in California

Is their a Statute of Limitations on a real estate partition lawsuit??

If so how long and if it has passed can anything be done about it??


Asked on 5/22/12, 2:02 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You have to still be an owner / on title to have standing to sue. If the property is no longer in your name, you'd have to see if there was some other valid claim you could bring, if timely for that claim.

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Answered on 5/22/12, 2:55 pm

I don't do legal research on free questions, but I am pretty sure there is no statute of limitations. Just as a partnership dissolution action can be brought at any time that the partnership remains in existence, as long as more than one person or entity has ownership of real property, a partition action can be brought to sever that relationship.

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Answered on 5/22/12, 3:04 pm
Anthony Roach Law Office of Anthony A. Roach

The statute of limitations never bars relief between tenants in common in an action for partition. Actions for partition are governed by the equitable doctrine of laches.

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Answered on 6/03/12, 11:09 pm


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