Legal Question in Real Estate Law in California

Re: Two Unmarried Homeowners: Asking one partner to move and/or sell

If you are both on title, you both have equal rights to enhabit and responsibilities to pay for the property. If she refuses to buy you out, you can go to court with a partition action asking the court to order the sale. She could be responsible for court costs if you have taken necessary steps (letters, etc.) warning her that you would take this action.

Re: Two Unmarried Homeowners: Asking one partner to move and/or sell

If there is no other reourse, then your best option if to file a Partition by Sale. This, effectively, tells the Court that there is more than one owner and the owners can not come to an agreement. Because of the unique nature of real property, it can not be equally divided, therefore, it must be sold and the proceeds divided.

Once approved, you can then purchase your parter's half.

If you would like additional assistance, please feel free to contact me directly at [email protected].

Scott Linden

SCHOFIELD & GROSSMAN

(626) 578-0708

Re: Two Unmarried Homeowners: Asking one partner to move and/or sell

litigation, let the courts decide and hopefully her attorney will show her the way to settle if she or you have the money --- pay me now for an agreement in writing or pay me later for litigation and let the court decide!!!!

Re: Two Unmarried Homeowners: Asking one partner to move and/or sell

A partition action should be filed. I can explain the procedure if you contact our firm. We handle cases throughout California.