Many times, a piece of property is owned by more than one person, and as co-owners all members must agree on how to use the property. What happens when co-owners of land disagree on what to do with the real estate? In these situations, it may make sense to file a partition lawsuit. Partition actions can be complicated both legally and emotionally, especially if the co-owners of the land are friends or family members. Having an experienced real estate attorney by your side can be incredibly helpful through this difficult process and increase your chances of success in a partition lawsuit. To learn more about partition actions, call or contact the Wagenseller Law Firm in Los Angeles today.
What is a Partition Action?
A partition action is a real estate lawsuit that occurs when one property owner wishes to split from the other co-owners of the real estate. Real estate can be held by more than one owner when kept in joint tenancy, tenancy in common, or by tenancy in the entirety. The type of real estate ownership is made when the property is purchased or transferred by gift or inheritance. In all types of property ownership, each owner has a right to the whole piece of land. This means that one owner cannot make one part off limits to the other owners, and all owners have a right to decide what to do with the entire piece of property.
When co-owners of property disagree on how to use, improve, or dispose of the land a partition action can be filed to divide the property into individual shares. In joint tenancy, the property is split equally, whereas in tenancy in common, the shares are split according to percent ownership. A partition lawsuit can either be filed voluntarily with the agreement of the co-owners of the property or by court order. If filed by court order, it is important to note that co-owners are allowed to mount a defense against the proposed splitting of the land. A qualified real estate attorney can help you with your case.
Types of Partition Actions
There are two types of partition actions — actual partition and partition by licitation or succession. Actual partition, also known as partition in kind, creates individual interest in each joint owner of the property. The land is literally split up between the co-owners to use, improve, or dispose of as they like. This type of partition is best when the land can be easily divided into parcels and the co-owners are in general agreement about the partition lawsuit.
Partition by licitation or succession is also known as partition by sale. This type of partition action involves selling the entire piece of property and distributing the proceeds according to the type of ownership of the property. This type of partition lawsuit is best when the parties are particularly at odds or when the real estate cannot be easily divided amongst the co-owners. Partition by sale actions give the co-owners the proceeds to purchase their own piece of real estate separate from the other owners.
When is a Partition Action Right for My Dispute?
A partition action may be the best choice of action in many real estate dispute situations. One of the most common examples of when a partition lawsuit is necessary is when multiple people inherit the same piece of real estate. Oftentimes, a decedent will leave the family home or other land to multiple members of the family. If the beneficiaries cannot agree on what to do with the inherited property, a partition action ensures that every person who inherited under the will receives what he or she deserves, either in land or monetary proceeds.
Another time when a partition action is the best option is when a couple owns a piece of property jointly and decides to divorce. If the couple cannot agree on what to do with the real estate, a partition action can split the property between the spouses as part of a finalized divorce decree. If you are unsure of whether a partition lawsuit is the right choice for your current land dispute, talk to a knowledgeable real estate attorney today about your case.
Call or Contact Us Now
Partition actions can simplify issues of real estate and solve problems with co-owners of land. Call the office or contact us today at the Wagenseller Law Firm in Los Angeles to schedule a free consultation of your case and to learn more about your legal options regarding a partition lawsuit in California with a highly qualified California real estate attorney.