Talkov Law

Nearly all partition actions result in partition by sale . After filing the partition complaint and serving the defendants, the court will generally order that the property be marketed for sale by a court-appointed partition referee . That referee will hire a Realtor to market the property on the MLS (Multiple Listing Service) so that the offers are at the full market value.

Many times, parties ask if a partition action can be stopped, and whether there are affirmative defenses to a partition action . In all but the rarest of cases, there is no defense to a partition action. When there is a defense, it will usually consist of a written waiver of the right to partition in a tenants in common agreement. However, this is extremely rare as most co-owners do not have any written agreement relating to their co-ownership arrangement. The best defense to a partition is to buyout the plaintiff’s interest using the Partition of Real Property Act .

The most common question is the cost of a partition action in California , which usually averages around $20,000, but can go higher if the matter is complex. Given our experience, we are able to win a partition action and produce a better result at a lower cost in a faster manner than many firms without such expertise. This often means overcoming an uncooperative co-owner at the property who is in no rush to leave. The right partition attorney will ensure that your attorneys fees are paid by an un-cooperative partition defendant .

After the property is sold, every partition involves an accounting wherein owners can recover partition offsets . If one co-owner made the down payment , improvements , paid the taxes or paid the mortgage , these can be recovered in a partition. If one co-owner has been in possession, the rental value can be recovered on the co-owned property .

A partition action begins with filing a complaint in the county courthouse where the property is located, though consulting an experienced partition attorney is recommended to avoid mistakes. If a co-owner does not respond, a request for a default judgment can be filed; if they do respond, they usually file an answer. A partition referee may be appointed to sell the property, and any claims for additional proceeds (offsets) will be addressed in court. Most cases settle before a final trial on distribution, but partition lawyers can sometimes resolve the matter through a judgment approving the sale and addressing offsets.

PROS: Resolves disputes among co-owners, allows for reimbursement of property-related costs, may cover attorney’s fees, and can achieve a higher sale price than a contentious sale. CONS: Can be time-consuming, involves court interactions, and risks the property being sold to a third party, though proceeds are fairly divided.

In less complex partition cases, the process from hiring an attorney to selling the property typically takes 6 to 8 months . However, if there is a co-ownership dispute, it may add an additional 2 to 6 months to the overall timeline.

Any co-owner has the absolute right to file a partition action, regardless of their interest size. Once filed, the action cannot be halted by a party opposed to selling the property unless a settlement is reached. However, resolution techniques can be used to gain the consent of the other co-owners and potentially stop the action.

Experience in partition actions can save you time and money by resolving disputes quickly. Our experienced legal team at Talkov Law Partition Attorneys have nearly two decades of real estate litigation expertise , handling issues like quiet title, escrow problems, and damage calculations. Our case results speak for themselves with over $211 million in real estate sold or refinanced through partitions . Our attorneys focus on resolving cases promptly, avoiding excessive legal fees, and prioritizing settlements, as 98% of partition cases conclude without trial. Our firm’s strategic approach ensures efficient outcomes, often within months, and our satisfied client reviews highlight our commitment to success in partition actions.

There can be nothing more frustrating than co-ownership of real estate in California. Many times, one co-owner of property is paying the mortgage, while another co-owner lives at the property without making any contribution to the property. Other times, the property was inherited , perhaps years ago, making partition the only way to unlock the value of the property. Eventually, tenancy-in-common and joint-tenancy get old, and co-owners seek to end this unhealthy property co-ownership relationship. While parties may have purchased the property as tenants-in-common because they are family, friends, or fellow investors, the relationship often turns out to be something other than the parties expected.