If you co-own property with one or more other parties, there may come a time when one of you wants to sell, while the others prefer to hold on to the property. The law protects you in this case, with the California Partition Action. Working with a law firm experienced with filing a partition action, like Marinaccio Law, is essential to ensure you win your partition action.
What is a Partition Action?
A partition action in California occurs when you want to sell a real property you co-own. To accomplish this, you must file a lawsuit in court. The court can force the sale of a specific property, creating an equitable division for each joint owner after a thorough investigation to determine the current ownership interest.
C.C.P. 872.210, a law found in the California Code of Civil Procedure, gives a partition action definition and action plan. Because the process can be complex and often concerns significant assets, you should work with a lawyer who knows how to win a partition action before you decide to file a lawsuit.
What Type of Property Can You Include?
You can include most property types connected to a real property that you and at least one other person own jointly. These could include easements, fences, a barn, or a house. It’s best to discuss with your attorney whether your property can be included in a Partition Action before going forward with a lawsuit.
You must also ensure you know how much of the property you own and how much the other owners own.
What Happens in a Partition Action?
The first step in a partition action is to try mediation. Since partition actions often involve family members, occurring after siblings inherit a property, you may want to try to avoid going to court to preserve your relationship.
Your lawyer can represent you in the mediation, either attending in your place or accompanying you. If the mediation goes well, you can all agree to divide the property equally without the expense of going to court.
However, if mediation fails, your lawyer can then file a lawsuit to force the partition action in court in the county of the property. Next, the County Recorders Office records a Notice of Pendency, which alerts anyone involved with the property that there is a legal action concerning the property occurring.
Finally, a judge hears the case. Depending on your county’s court system’s speed, you may need to wait some time for this step.
Once you get to court, the judge considers several factors to determine each owners’ fractional share, including how much initial money each owner put in, how much each has spent maintaining or improving the property, and if one has paid more in taxes or mortgage fees than another. Your lawyer can help you prepare documentation showing how much fractional share of the property you own to help the judge make a decision.
Once the judge determines how much each party should receive, they decide how to divide the property. There are several types of partition action:
- Partition in Kind
- Partition by Appraisal
- Partition by Sale
- Partition By Judgement
For undeveloped land, the court can either force a sale through Partition by Sale, with profits distributed equally, divide the property in portions equivalent to the fractional share division in a Partition in Kind, distributing ownership, or order a Partition by Appraisal, which allows one party to buy out the other at the court-ordered price.
However, developed property is harder to divide, so the court often forces a sale, distributing the profits among the owners according to their fractional share.
The court allows Partition by Judgement, which gives the judge the ability to decide how to divide or sell the property in cases where there are several complicating factors.
Who Can File a Partition Action?
Most property owners in California have the legal right to file a partition action. If you and others inherit a property, you can use a partition action to force a sale if you don’t want ownership. Business partners can also take advantage of a partition action if one wishes to dissolve the partnership.
One major exception is divorcing couples. Generally, joint property is communal property, and the division must go through the family court system. However, if one partner owned the property before the marriage or union, they may be able to file a partition action. They should consult with an experienced lawyer before doing so.
How Long Does a Partition Action Take?
If you have to go to court, the process could take around two years from start to finish. However, if you can agree through mediation, the process could take significantly less time. The length depends on your lawyer’s preparation, methods, how many owners are involved, and how much each party is willing to compromise.
How Much Does a Partition Action Cost?
The cost of partition action varies widely. If you have to go to court, your attorney fees could cost tens of thousands, depending on how long the court battle lasts. However, settling a partition action through mediation is significantly less costly, making it a better option for many.
Win Your Partition Action With Marinaccio Law
Anthony Marinaccio has extensive experience in all aspects of real estate law, including disputes, transactions, and partition actions. After graduating Magna Cum Laude from Whittier Law School, he worked as a Deputy City Attorney for several public agencies, handling construction, zoning, and other real estate matters.
Marinaccio Law can help you understand how the California Partition Action applies to your situation, prepare and file a lawsuit, and help you win. Call our law firm today at (818) 839-5220 to schedule an in-person or phone consultation and get started on your Partition Action.