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A real estate partition lawyer helps co-owners resolve disputes when they cannot agree on how to manage, sell, or divide a property. Through a partition action, the court can order a fair resolution, but arriving at that point requires legal guidance from an experienced attorney.
California courts are seeing more high-stakes real estate disputes. Just last year, a Los Angeles jury awarded a large amount of money to four brothers who alleged a sibling wrongfully claimed ownership of an apartment building tied to their family partnership.
While not every case reaches that scale, co-ownership conflicts are becoming more common, and one reason you might want to decline an inheritance. A real estate attorney can provide the legal tools to resolve these conflicts before they escalate.
Understanding when and why to seek legal help can make the difference between a prolonged dispute and a fair, timely resolution.
What Is a Real Estate Partition?
Whether you co-own real estate by choice or you inherited a property, a partition provides a legal way to resolve disputes when owners can’t agree on what to do with it. Co-ownership may begin smoothly with everyone in agreement, but relationships can quickly sour when property management decisions or differing long-term goals create conflict.
There are several types of partitions recognized under California real estate law, each offering a different resolution depending on the property and the dispute:
- Partition by sale
- Partition in kind
- Partition by appraisal
When You Might Need a Real Estate Partition Lawyer
Co-ownership disputes don’t always stay friendly. A real estate partition lawyer can step in to help protect your rights and make sure decisions about the property are handled fairly.
Property disputes often happen when multiple heirs inherit a property and can’t agree on the next steps. Sometimes co-owners get into financial disagreements over selling or keeping a property.
When more than one person is involved in making management decisions, it can be a recipe for disputes. Complicated ownership agreements add another layer.
Any of these situations can benefit from working with a real estate attorney.
How the Partition Action Process Works
Experts at Underwood Law Firm, P.C., point out that the first step to settling a dispute is for everyone involved to come to an agreement without involving the court. When that doesn’t happen, the next step is filing a partition action. From there, the court reviews ownership records, appraisals, and any agreements among co-owners to determine the fairest way to resolve the dispute.
Outcomes can include:
- Selling the property and dividing the proceeds
- One owner buying out the others
- Physically dividing the property itself
Real estate law is complex, and even savvy property owners aren’t always equipped to handle disputes, especially when they involve sensitive relationships like the one mentioned at the beginning of this article. Having a real estate partition lawyer in your court makes the partition process less intimidating and much more manageable.
What Is the New Partition Law in California?
In January 2023, California updated its laws governing partition actions with the Partition of Real Property Act (AB 2245). The changes should make the process fairer for all co-owners, not just those inheriting property:
Key updates include:
- Right of first refusal for co-owners
- Open-market sales for fair pricing
- Independent appraisals for property value
These changes help protect co-owners from losing property unfairly and provide a clearer, more equitable process for dividing shared real estate.
Benefits of Hiring a Real Estate Attorney
Disputes over co-owned property can become complicated faster than most people expect. A real estate partition lawyer helps cut through the confusion, offering clear guidance on your property rights and options so decisions aren’t left to guesswork or emotion.
Beyond legal advice, a real estate attorney can negotiate settlements, untangle complex ownership questions, and make sure inheritance or financial disputes don’t derail the process. Having professional support doesn’t just protect property; it also helps keep relationships from deteriorating.
Alternatives to Court: Mediation and Negotiation
Not every co-ownership dispute needs to end up in court. Mediation allows co-owners to work with a neutral third party to reach a mutually agreeable solution. Collaborative negotiation gives owners a structured way to settle conflicts directly.
A real estate attorney can act as a mediator, but it’s important to understand that mediation or negotiation isn’t always enough. When disagreements are too complex or co-owners won’t compromise, a partition action may still be necessary.
Frequently Asked Questions
How long does a partition action take in CA?
No two partition actions move at the same pace. If your case is relatively straightforward and the disputes are limited, it could take about 12 to 18 months. The process can take much longer if there are multiple heirs.
How much does a real estate partition lawyer cost?
The complexity of your case and whether you can settle quickly will influence your attorney’s fees. If you end up in court, that will add to your costs. Some attorneys offer a free consultation where you can discuss potential fees, so contacting one directly is the best way to answer questions about costs.
Can all co-owners force a partition action?
Most co-owners who hold property as tenants in common can file a partition action. The final word on how a sale or property decision happens comes from the judge. Judges look at several components before making their decision, including ownership shares and the type of property.
What happens if co-owners cannot agree on an appraisal or sale?
Emotions and family ties often drive property disputes, and valuation disputes are some of the most common. The court may appoint an independent appraisal to help settle valuation disputes. A judge can also order a public sale of the property.
A Lawyer Is Your Best Resource for Property Disputes
Partition actions help keep property disputes fair and transparent. A real estate partition lawyer ensures co-owners’ interests are properly represented and that evidence is presented effectively.
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