California Partition Law Blog
One of the issues a property owner encounters is split ownership of property, whether they want to take all of it or get it off their hands. Where multiple people have an interest in property, especially when they already know each other, disputes can get messy. Where one or both owners disagree on how to sort out the property, a court ordered solution is needed. In taking this route, a partition lawyer will be helpful in navigating the process and ensuring you get the best possible outcome.
What are some examples of circumstances where partition is needed?
Many different types of property ownership disputes can be solved by partition. Where a property is owned by multiple individuals, regardless of the percentages of their ownership, that property can be equitably divided by partition. Under the partition statutes, the only people excluded from bringing a partition action are married couples or putative spouses. (C.C.P. § 872.210.) This is because community property law, a separate area of California law, governs those disputes. However, this means anyone else can bring a partition action. A former boyfriend and girlfriend disagreeing about what to do with property after breaking up could benefit from a partition action. Siblings who just inherited a family home and disagree about what to do with it could bring a partition action. (Orien v. Lutz (2017) 16 Cal.App.5th 957, 960.) Even investors who own real estate together can bring a partition action.