When co-owners of land (co-tenants) are no longer able to agree on how they would like to own, manage or operate the land they own, one of the owners can decide to file a partition action. A partition action is an action to force the sale of real property.
For example, if two people or two businesses own land as tenants in common, and one owner would like to sell the property but the other owner has no desire to sell, the parties typically come to an impasse. One way to solve this impasse is for one owner to sue to partition the property.
Partition of real property is typically done through 3 different methods.
1. Partition by sale: With this method the entire parcel of property is sold. The property is not divided and both owners sell their entire interest in the property.
2. Partition by division: With this method the property is divided according to the owners’ respective interests. For example, if one owner owns 60% and the other owner owns 40% of the property, then the property would be physically split into separate properties with each owner receiving their proportionate share.
3. Partition by referee: With this method one owner buys the other owner’s interest through a court supervised appraisal process.
In the past year, as Los Angeles Partition Attorneys, we have seen a definite uptick in the number of partition actions we file. Indeed, in this past year we have filed several partition actions to help resolve ownership disputes. Contact us at Schorr Law, APC, firstname.lastname@example.org, 310-954-1877 for help with your Los Angeles and Southern California partition dispute.