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Commonly Asked Questions about Partition Agreements

A California partition action is a forced sale of real estate brought by one of the property owners against the others. These actions happen when one owner of property wants to sell, but another does not. Partition Action in California FAQs - Underwood Law Firm, P.C. underwood.law partition-action-in-californ underwood.law partition-action-in-californ
Damages and Costs in a Partition Case Contribution and reimbursement issues may also arise as to taxes paid, improvements made, and expenses incurred in connection with the property. Costs in a partition action are paid by each party pro rata ing to the value of that partys partitioned share.
A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of Partition.
A partition agreement divides, or partitions, a married couples community estate into two separate estates. It is sometimes called a post-nuptial or post-marital agreement and is similar to a prenuptial agreement, except that it is executed by a married couple.
Partition is the division of real or personal property between or among two or more co-owners, such as joint tenants or tenants-in-common. Partition is not a remedy available to owners who hold title as community property or quasi-community property.
How to Win a Partition Action. If you want to sell the property, you win by pressuring a voluntary sale or by obtaining a court order for sale. If you want to STOP a sale, you win through a buyout or by convincing the other owners to halt the partition action.
The commissioners shall divide the real estate to be partitioned into as many shares as there are persons entitled thereto, as determined by the court, each share to contain one or more tracts or parcels, as the commissioners may think proper, having due regard in the division to the situation, quantity and advantages
The new amendments, however, introduce a right of first refusal. This means that before a forced sale can occur, the property must be offered to the other owners at a fair market price. This change aims to prevent situations where one owner can profiteer at the expense of others.