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What is a Partition Action In Real Estate?

Updated on July 16, 2021

Sometimes, when two (or more) people own the same piece of real property, they will somehow disagree on what to do with the property. Should they sell it? Should one or two people keep it while the other doesn’t? One common example occurs when a parent passes away and leaves a piece of real property to her/his three children. If the children cannot agree on what to do with the real property, one of them may eventually be forced to file a suit for partition of the property.

A partition action asks the court, pursuant to California Code of Civil Procedure Section 872.210, to divide the real property fairly between the different owners. For a property with a home or other development on it, this usually means selling the property and dividing the proceeds of the sale fairly amongst the different owners. The other option is to divide the property itself between the different owners, but that is easier to accomplish when the property is undeveloped.

ALSO READ  Partition and Adverse Possession

Any person with an ownership interest in the property has the right to request that the property be partitioned. Because of the often emotional and personal nature of these actions, it is often wise to consult an experienced partition attorney, just like the ones at Schorr Law. Our partition attorney in Los Angeles can assist when you dealing with a partition.

If you are looking for a real estate attorney in Los Angeles, Santa Monica, Beverly Hills, San Fernando Valley, San Luis Obispo, or elsewhere in California, do not hesitate to contact Schorr Law. We have successfully handled partition action cases, and have experience dealing with these types of matters. You can send us a message by either using our Contact Form or through email, or give us a call at (310) 954-1877.

See related: Partition and Adverse Possession

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