What's a Real Estate Partition Action?

In the most common real estate partition scenario, you jointly own a piece of real estate with relatives, friends, or business partners.  You bought it together or maybe you inherited it and there are several people (grantees) on the deed.  You want to sell or be bought out but one or more of the other owners refuses to cooperate in selling the property to a third party or participating in a buyout of your interest.  What do you do?

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In most cases in California - not all - you can file a legal action for partition in the Superior Court.  In your Complaint you ask, at minimum, for the Court to enter a judgment determining whether the property can be partitioned under the law, requiring the owners to render an accounting between themselves, and - unless the parties can agree to a buy-out - to order that the property to be sold and the proceeds equitably split.  A cause of action for partition is often paired with causes for accounting and quiet title.  Many cases also include causes of action for fraud in preparing a deed perpetrated by a grantee and/or Notary Public.

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In California, partition is almost an absolute right.  Two notable exceptions are where the parties have an enforceable agreement between themselves not to partition and where title to the property is held by spouses as community property.

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The good news is that the majority of partition cases settle early in the process because at some point the parties see the writing on the wall and don't want to engage in expensive and futile litigation.

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What's In The Video?

In the free tutorial video on this page - Partitioning Real Property In California - I'll tell you about the kinds of joint interests which are subject to partition, will give you some tips on how to settle your issues both before and after the filing of a lawsuit through mediation and/or arbitration, and I'll also walk you through the legal process you would have to endure should you find yourself a contested partition case which has to go to trial.

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As I march through the steps in the process, I discuss the rights of the parties which may have to be litigated along the way.

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Non-Litigation Topics Covered:

• Four kind of real property interests which may be partitioned

• Terminating cotenancies without litigation

• Mediation and arbitration

• Settlement during litigation under CCP Section 664.6

• Settlement by appraisal and buy-out

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Common Steps In Partition Litigation:

The video also includes an overview of the common steps in a partition action:

1. Procuring a title report

2. Identifying the parties to the litigation

3. Identifying the proper court

4. Drafting the complaint

5. Drafting a Lis Pendens (Notice Of Pending Action)

6. Filing the Complaint package with the Court

7. Serving the Lis Pendens and Complaint

8. Answering the Complaint

9. Motions

10. Discovery

11. Trial

12. Interlocutory Judgment

13. Appointment of a referee

14. Division of proceeds of sale

15. Referee's final report

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I guarantee you that this tutorial is, for sure, NOT the most exciting video you have ever seen.

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If you have any questions about partition in California, give me a call.  I'm semi-retired, just take a few cases, and work out of my house so you'll get my 24/7 answering service.  I don't charge for phone consultations and I'll usually get back to you the same day.

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Gene Kinsey

Kinsey Law Offices

1198 Pacific Coast Hwy.

Suite D353

Seal Beach, CA  90740

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Phone:  (562) 596-8177

 Email:  Kinseye@ix.netcom.com

    Web:  www.kinseylaw.com

               www.realpropertypartition.com

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