3 Factors to Consider When Deciding to Partition Real Property

Updated on January 11, 2024

Understanding Partition Claims in Real Estate

As seasoned real estate partition attorneys in California, we at Schorr Law frequently handle partition claims across the state. Partition claims are significant legal actions where an owner of real property forces a co-owner to sell the property. These claims are notably challenging to defeat unless there’s a waiver or a right of first refusal in place.

Three Key Factors in Partition Claims

When representing both plaintiffs and defendants in partition claims, we focus on several critical issues:

1. Ownership Verification and Disputes

  • Record Title Examination: It’s essential to verify if the record title accurately reflects the true owners of the property. In cases of discrepancy, a quiet title action or cross-complaint may be necessary for the court to identify the real owners.
  • Special Defenses: Consider any special defenses that co-owners might have, which can significantly impact the case.
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2. Potential Defenses in Partition Actions

  • Exploring Legal Defenses: We examine possible defenses against the partition, including contractual defenses, rights of first refusal, or waivers. Understanding these defenses is crucial in strategizing for the case.

3. Cost-Benefit Analysis of Partition Actions

  • Evaluating Costs: Before proceeding with a partition action, it’s important to consider the costs involved and their impact on the property’s equity. These costs can include court fees, attorney fees, receiver costs, and expenses related to partition auctions or private sales, including broker commissions.

See Real Estate Partition Case Example Here

Additional Considerations in Partitioning Property

Partitioning Property Without a Referee: In some cases, partitioning property without a referee is a viable option. This approach can have different implications for the costs and process of the partition.

Making Informed Decisions in Partition Claims

When analyzing a partition case, we consider these three factors and more, aiming to help our clients make informed decisions and maximize their equity from the partition claim.

Frequently Asked Questions About Real Estate Partition

1. What is a Real Estate Partition Claim?

  • A partition claim is a legal action where one co-owner of a property forces the sale of the property, often due to disagreements or financial reasons.
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2. Can Co-Owners Defend Against a Partition Claim?

  • Yes, co-owners can defend against a partition claim using various legal defenses, such as contractual agreements or rights of first refusal.

3. How Are Costs Divided in a Partition Action?

  • Costs in a partition action, including legal fees and sale expenses, are typically divided among the co-owners, but the exact division can vary based on the case.

4. What is the Role of a Referee in a Partition Action?

  • A referee can be appointed to oversee the partition process, including the sale of the property, ensuring fairness and compliance with legal procedures.

Contact Schorr Law for Expert Partition Claim Assistance For a deeper understanding of your rights and options in a partition claim, or to discuss your specific situation with experienced California Partition Attorneys, contact Schorr Law. Reach out to us by email at [email protected], call us at (310) 954-1877, or fill in the contact form on this page for a free 30-minute consultation.