Partition action is a complicated legal process, especially if there are multiple owners with varying shares. However, if you can’t agree with co-owners about property management, maintenance, usage, or sale, partition action is the answer.
However, before you move forward with this, you must understand the steps involved and the best strategies for a win. So, let’s know more here!
Partition Action Process
Choosing a partition attorney
The first step is to seek an attorney who is well-versed in partition action California. They must specialize in partition action cases and have decades of experience in LA.
As partition actions are complicated, an experienced attorney will make you aware of your rights and options and help you choose the best action for your case.
While searching for a qualified real estate attorney, ensure they have a great track record and reputation. They must also have great communication and litigation skills. Ensure they listen to you during the consultation.
Partition lawsuit filing
With your attorney’s help, your attorney will draft and file a valid partition complaint in court.
This complaint mentions all relevant property details such as ownership agreements and property deeds, co-owners’ names and relevant information, and the reason behind your seeking partition.
It may also outline the desirable outcome, such as the property’s physical division or sale and proceeds division.
Serving the co-owners
After complaint filing, you must serve all co-owners a copy of your complaint along with the summons. This informs them of all legal actions.
The co-owners (defendants) have a time period (around 30 days) to file a response. This might be agreeing to partition, contesting for shares, or disputing the partition. If they choose to contest or dispute, the case proceeds to litigation.
Court proceeding
If the co-owners contest the partition action, the case moves to court proceedings. In this stage, both sides represent their arguments with valid evidence and documents.
The court considers all factors and information shared. Through all information, your right to partition is established. Then, the court orders a property appraisal.
Appraisal and valuation
The court appoints a partition referee, a neutral third party, to supervise the appraisal and valuation method. The referee conducts necessary actions according to the court order to evaluate the property value.
They then file a report with the court, which outlines the property description and partition type recommendation.
Partition method decision
In this step, the court decides whether there will be:
- Partition in Kind (physical division): It maintains ownership but significantly reduces property value. It’s common in huge properties where all co-owners prefer keeping the property.
- Partition by Sale (sale and proceeds division): It’s more common in urban areas with properties where fair division isn’t possible. Instead, proceeds are divided based on shares.
- Partition by Appraisal: In this, one or more co-owners buy the interests of the other co-owner according to the court and neutral appraiser
Final judgment
The court finalizes the best partition method. According to the court, property partition takes place. Specifically for partition by sale, the proceeds are distributed according to shares based on evidence.
Additional Tips for Success
Prepare all documents
Missing, misplaced, and incomplete documents cause unnecessary delays in proceedings. So, ask your attorney about all kinds of documents and paperwork needed in partition actions and collect them early on.
Categorize them accordingly, such as ownership records and financial records, and sort them by dates. Create digital copies and backups of all documents to reduce the chances of losing them.
Know your rights
Ask your attorney about your rights on the property in hand. For instance, if it’s not mentioned in an agreement or deed and the property is inherited, you’ll get equal shares. Know the value of your shares to make informed decisions.
Communicate clearly
Throughout the case, communicate clearly with co-owners. Sometimes, you can resolve conflict and find solutions earlier through clear communication. This also prevents the case from escalating into a nasty fight.
Plan for expenses
Know your attorney’s fees, which were around $313 per hour in 2022. Enquire about other legal expenses, such as court and appraisal charges.
If you lack adequate finances, seek financing solutions. Collect the money beforehand so no process gets delayed during the case.
Conclusion
With the partition action process and tips to ensure your win, navigating a partition lawsuit becomes far easier. You’ll be able to plan carefully, strategically approach the process, and deal with potential challenges better. It’ll prevent time waste due to lack of knowledge, and you’ll proceed more confidently!
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