How will the sale proceeds be divided among co-owners after the property is sold in a partition? – CA
Detailed Answer — How sale proceeds are divided after a California partition sale This section explains in plain language how California courts divide money after a property is sold in a partition action. It uses a simple hypothetical to show the math and the legal rules that usually control. Governing law (where to look) Partition […]
Read article →How can I file a partition-for-sale suit in California (CA) when a minority of the siblings won’t agree to sell our inherited land?
Detailed Answer Disclaimer: This is general information only and not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed California attorney. What is a partition-for-sale action under California law? A partition action is a lawsuit filed in civil court that asks the court to divide or sell real […]
Read article →Who should be listed as petitioners on the partition lawsuit? (CA)
Disclaimer: This is general information only and not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed California attorney. Short answer The people who should be petitioners are the legal owners or their authorized legal representatives who want the court to order a partition of the property — […]
Read article →What Happens If Mediation Fails and I Must File a Partition Action to Force the Sale of Jointly Owned Land? — CA
When Mediation Fails: Filing a Partition Action to Force the Sale of Jointly Owned Land in California Short answer: If mediation fails, a co‑owner can file a partition action in California superior court asking the court to divide the property or force its sale. The court will try to divide the property physically if that […]
Read article →How can I negotiate a fair buyout of my interest in the family land when my co-owner is offering much less than the appraised value? — CA
Negotiating a Fair Buyout of Your Interest in Family Land in California Disclaimer: This is educational information only and not legal advice. For advice about your specific situation, talk with a licensed California attorney and, if needed, a tax professional. Detailed Answer — How to get a fair buyout when a co-owner lowballs the appraised […]
Read article →How do co-owners initiate a partition action to divide or sell shared real property? — CA
Detailed Answer — How co-owners start a partition action in California When two or more people co-own real property and cannot agree on what to do with it, any co-owner can ask a court to force either a physical division of the land (partition in kind) or a sale of the whole property with proceeds […]
Read article →How is property divided in a partition when some acres are better than others? (CA)
FAQ: How is real property divided in a partition when some acres are worth more than others? Short answer In California the court will try to divide land fairly, not necessarily by equal acreage. The preference is a partition in kind (physically dividing the land) when that is practical. If physical division would be impractical […]
Read article →How can a co-owner obtain monetary compensation instead of receiving physical property? — CA
Detailed Answer When co-owners cannot or do not want to divide real property physically, California law allows the co-owner who wants cash to pursue a legal remedy called a partition action. Under the Partition of Real Property provisions (Code of Civil Procedure § 872.010 et seq.), a court can either divide property into separate physical […]
Read article →Can I negotiate with my siblings to avoid a partition action in California on inherited property?
Detailed Answer If you and your siblings inherit real property in California, you each own an undivided share. Under California law, any co-owner may file a partition action to force a sale or physical division of the property (Code Civ. Proc. § 872.210). To avoid the cost, delay, and uncertainty of litigation, you can negotiate […]
Read article →How can a co-owner seek reimbursement for improvements made to estate real property? (CA)
Detailed Answer In California, co-owners of real property share rights and obligations in proportion to their ownership interests. If one co-owner pays for improvements to estate real property, they may seek reimbursement through a court-supervised partition or an equitable accounting action. 1. File a Partition Action A partition action lets co-owners divide or sell the […]
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