One of the most common cases we see as Southern California Real Estate Attorneys are partition cases. Our Los Angeles based real estate attorneys see these cases where families cannot reconcile their differences of opinion regarding real estate they co-own or where former investment partners no longer see eye to eye with respect to how their property should be held.
A co-owner of real or personal property may bring an action for partition. (Code Civ. Proc., § 872.210.) “The primary purpose of a partition suit is, as the terminology implies, to partition the property, that is, to sever the unity of possession. (Schwartz v. Shapiro (1964) 229 Cal.App.2d 238, 257, 40 Cal.Rptr. 189 (Schwartz ).) “Partition is a remedy much favored by the law. The original purpose of partition was to permit cotenants to avoid the inconvenience and dissension arising from sharing joint possession of land. An additional reason to favor partition is the policy of facilitating transmission of title, thereby avoiding unreasonable restraints on the use and enjoyment of property.” (59A Am.Jur.2d (2003) Partition, § 6, p. 15, fns. omitted.)
In lieu of dividing the property among the parties, the court shall order the property be sold and the proceeds divided among the parties in accordance with their interests in the property if the parties agree to such relief or the court determines sale and division of the proceeds would be more equitable than a division of the property. (Code Civ. Proc., § 872.820.)
A co-owner of property has an absolute right to partition unless barred by a valid waiver. (Code Civ. Proc., § 872.710, subd. (b).) “[T]he right of partition may be waived by contract, either express or implied.” (American Medical International, Inc. v. Feller (1976) 59 Cal.App.3d 1008, 1014, 131 Cal.Rptr. 270.) LEG Investments v. Boxler (2010) 183 Cal.App.4th 484, 493 [107 Cal.Rptr.3d 519, 525]
At Schorr Law, we have litigated an enormous number of partition actions involving a wide array of facts. Our cases have involved partition of vacant land, an arbitration of a partition of a commercial property with a first right of refusal, partition of land used for windmills, partition of farm land, partition of homes, partition of apartment complexes, partition disputes between family members, partition disputes among businesses and many other types of partition matters.
For more information on your partition matter and for a free consultation, please contact us by filling out the contact us box on this page, by email at email@example.com, by telephone at 310-954-1877 or on or related website at www.schorr-law.com.