LOS ANGELES PARTITION ATTORNEYS
Partition generally is a legal claim whereby a co-owner of real property sues its co-owner to force a division of the legal ownership of real property. The need for a partition claim generally arises when co-owners of land disagree as to how to own, manage, operate or otherwise deal with the land they co-own. For example, a partition claim can arise when one co-owner of property desires to sell the property and the other co-owner does not want to sell. The party seeking a sale can sue to partition.
In California, partition actions are controlled by a set of very specific statutes in the Code of Civil Procedure that set forth the mechanisms for a partition claim. At the conclusion of a partition action the court will issue a decree as to how the partition will be accomplished. Most partition cases settle before trial, but there are exceptions.
In Partition actions the parties can also litigate the type of partition relief that the court or arbitrator will decree. Generally, partition can occur by the following methods
- Partition by physical division of the property: This means if you have 100 acres of co-owned land with owners each claiming a 50% interest in the land than the parties can argue about whether simply dividing the land and assigning 50 acres of land to each party would be fair and equitable. One party may want partition by physical division of the property while the other may argue that physical division of the property may not be equitable (fair) because portions of the property may be worth more than other portions of the property. For example, with vacant land, a portion may be flat or have access to water while another portion may be mountainous without access to water.
- Partition by sale of the property: This method involves selling all of the property. One party can still by the other party’s interest but this method of partition technically involves the sale of the property as a whole. This type of partition is common for developed property or single family homes where it would be impossible to physically divide the property. It could also be applicable to partition actions involving undeveloped land where the land is internally of unequal value.
- Partition by appraisal: This method requires an agreement by the parties that one party will by the other party’s interest after an independent appraisal.