What is a partition action? A simple guide

Buying a house with someone else can be a great way to limit the increase cost of living And monthly mortgage payments. More and more people are buying houses before getting married and working together friends to buy real estateor inherit a house together with brothers and sisters. But when you’re ready to move forward, disagreements between owners can slow down the process.

Although usually a last resort, partition action can create a clear path forward if negotiations fail. Whether you’re selling Sacramento, CA or Portland, MEwith whom we collaborate Underwood Law Firm to explain partition actions and when they might be the right choice for you.

In this article:

What is a partition action?

“A partition action is a type of lawsuit in which any title owner can ask the court to force the sale of the property if the co-owners cannot agree on what to do with it,” explains Elijah Underwood, founder of Underwood Law Firm, which specializes in partition actions in California.

There are two types: distribution in kind and distribution by sale.

“A divorce in kind is the process of physically dividing property between co-owners,” says Elijah. This type of partition action is more traditional, as it was typically used to divide land between owners. Because most modern division actions involve properties such as homes that cannot be physically divided between co-owners, a partition wall is most often used when selling.

“Once the property is sold, the proceeds are divided equally among the co-owners based on their percentage of ownership,” Elijah adds.

Partition actions are commonly used for:

Step by step: what happens during a partition action

Although each state has its own laws and guidelines to review, the process typically involves the following steps:

1. A co-owner files a lawsuit in the province where the property is located.
2. The court confirms ownership of the shares with the help of the deed and any agreements.
3. An interim judgment is ordered by the court. “This is essentially the court stating that it believes that the plaintiff, the co-owner who filed the lawsuit, is entitled to a division of the property,” Elijah explains.
4. A divorce referee or a third party appointed by the court will assess the home and reports their findings to the court.
5. The court determines the best way to divide the property based on what is most equitable.
6. The house is sold and the proceeds are divided based on the court’s order.

Wanted help from A divorce lawyer or a legal professional who specializes in partition actions, such as Underwood Law Firm, can facilitate a simpler process and help you advocate for the best possible outcome.

Advantages and disadvantages of a partition action

This can be a complex process and it is important to weigh the pros and cons before proceeding. “We generally encourage or require clients to try to resolve the matter formally before filing a lawsuit,” Elijah adds, “because it’s best if you can work it out between yourselves.”

Positives

• Forces a solution when owners get stuck
• Protects your property rights
• Converts shared ownership into cash
• Provides supervision and structure of the court
• Help from expert advice

Disadvantages

• Legal fees and court costs can be expensive
• The process can be long and time consuming
• Lawsuits can put pressure on family or partner relationships
• Constant interactions with a difficult co-owner can be emotionally draining
• Court-ordered sales can fetch lower prices than private listings

In short

Selling a house with multiple owners can be a complex process, regardless of your relationship with the other co-owners. A partition action provides a legal way out if progress stalls. “We offer people an escape if you’re stuck in a bad real estate relationship,” says Elijah.

Because these types of problems are becoming more and more common common tenancy In situations it is important that you are aware of all your options and prepare for every scenario.

Frequently asked questions about partition actions

What is a partition action?

A partition action is a legal action that one person can take to force the sale of a property when one co-owner does not want to sell. While this is not always ideal, it can provide a solution to a long process that can be financially and mentally taxing.

Can one co-owner force the sale of a home?

Yes. In most states, any co-owner can file a partition action to force a sale, regardless of how much of the home he or she owns.

How long does a partition action take?

The timelines for each case can vary depending on how complex the issue is and how quickly the parties can reach a resolution, but apportionment actions typically take some time. Some can last from several months to more than a year.

Can a partition action be carried out if there are more than two co-owners?

Yes, any co-owner can take a partition action against other co-owners, regardless of how many there are.

Can one owner buy out the others instead?

Yes, the other co-owners can still buy out the plaintiff’s share if a partition action is initiated. If the other co-owners cannot afford to buy out the share, the house is sold and the money is divided equally between the parties based on the amount of ownership.