Property disputes may necessitate division, like a partition action. If you think you may have the basis for a partition lawsuit, you should reach out to a lawyer or law firm who specializes in real estate division like Underwood Law, PC. We can help you figure out what options are available for dividing your property.
How can a real estate lawyer help co-tenants?
If the ownership of your property or how it has changed hands over the years is complicated, you may need a lawyer to help sort it out. One of the most common ways properties are owned in California is as tenants in common. (Wilson v. S.L. Rey, Inc. (1993) 17 Cal.App.4th 234, 242.) As tenants in common the owners can hold the property in unequal shares but are able to possess the entire property. (Kapner v. Meadowlark Ranch Assn. (2004) 116 Cal.App.4th 1182, 1189.) As tenants in common, individual owners can transfer their ownership without affecting the other owners’ rights or ownership. (Wilk v. Vencill (1947) 30 Cal.2d 104, 108-109.)
Because of the nature of tenants in common it is possible to have various complicated situations arise from this type of ownership. For example, parents and children may hold property as tenants in common, or siblings might own a home together as a result of inheritance. Investors may also have co-tenant interests as well as non-married partners.
Unequal shares of ownership may create disputes as to who owns what or who gets what when the property is sold. A partition action will help determine these interests and then divide proceeds accordingly if a partition by sale is ordered.
If a co-tenant tries to exclude another the other owner may have a cause of action for ouster or even adverse possession. (Nellie Gail Ranch Owners Assn. v. McMullin, (2016) 4 Cal.App.5th 982, 1000-1001.) A lawyer can help you pursue these types of claims and solidify or increase your ownership interests.
Disputes may also arise around the money invested into or spent on a property. As cotenants, all owners have a duty to pay a share of property taxes proportionate to their ownership interests. (Conley v. Sharpe (1943) 58 Cal.App.2d 145, 156.) In the alternative, they also can collect from the other owners if they pay all the property taxes themselves. These types of expenditures, including renovations or repairs, may be recovered as part of a partition action. A lawyer can help you figure out what money you might be entitled to as a result of your expenditures.
How can a real estate lawyer help joint tenants?
Joint tenants own property in equal shares and must have acquired title at the same time. (Tenhet v. Boswell (1976) 18 Cal.3d 150, 155.) They cannot transfer their interests without severing the joint tenancy, but in the alternative one owner can unilaterally sever the joint tenancy. (Estate of Propst (1990) 50 Cal.3d 448.)
A joint tenancy creates a right of survivorship meaning if one tenant dies the other acquires their interest. (Grothe v. Cortland Corp. (1992) 11 Cal.App.4th 1313, 1317.) Because of the narrow restrictions on that form of property ownership it can create disputes surrounding the property. Determining if you have a joint tenancy will significantly impact the claims you can bring to divide the property. It limits your share as an owner to one equal to that of your co-owner and also prevents your right to an accounting. Because of this, consulting a lawyer experienced in property division is imperative.
How can a real estate lawyer help you in a partition case?
Partition lawsuits require a lawyer to be able to navigate partition law and the related statutes. California has also implemented multiple partition-specific acts like the Uniform Partition of Heirs Property Act in 2022 and the Partition of Real Property Act in 2023. A diligent partition lawyer will keep abreast of all these changes in the law so that you do not have to. A real estate division lawyer will also help you with their experience in litigation and civil procedure to ensure your case is handled in the most efficient way.
A Partition can solve many different types of ownership disputes as it offers the opportunity to physically divide the property or sell it and divide the proceeds. (Butte Creek Island Ranch v. Crim (1982) 136 Cal.App.3d 360, 364; Cummings v. Dessel (2017) 13 Cal.App.5th 589, 598.) If selling the property is the best option, a referee must be appointed to deal with the sale. An experienced lawyer is familiar with referees in the area you can use. This sale can be done privately or through the court which your lawyer can also help handle. (CCP § 873.520-873.530.)
Beyond the partition itself your action may allow for an accounting. This means the court will adjust how much you are being compensated based on your contributions to the property. (CCP 872.140.) This includes taxes, insurance, repairs, or mortgage payments. (Scott v. Staggs (1954) 129 Cal.App.2d 54, 57-58.) This may also mean you are entitled to more than just your percentage of ownership of the sale proceeds.
Alternatively, if one of your co-owners wants to partition the property and you do not want to, a real estate division lawyer can still help you. If you made an agreement with you co-owner to waive the right to partition you may be able to counter the partition action. (LEG Investments v. Boxler (2010) 183 Cal.App.4th 484, 493.) You could also buyout the other owner’s interest to prevent a complete loss of the property. (C.C.P. § 874.317.) This means you would buy out your co-owner of their interest in the property based on how much the property has been appraised for. (Cheng v. Coastal L.B. Associates, LLC (2021) 69 Cal.App.5th 112, 115.)
Conclusion
In pursuing a partition action, a court will determine parties’ interests in the property and divide it accordingly. At Underwood Law, our partition attorneys can help you navigate your partition action efficiently and with care. We are here to help.
