Legal Question in Real Estate Law in California

You would be surprised at how common this problem is. Frequently partners have issues over how to manage or when to sell. The proper remedy in such cases is an action for quiet title.

My office has handled dozens of these cases. You can find out more about this

at my website www.newportbeachlitigationattorney.com or by calling on of my three

southern California offices at 800 - 233 - 8521

The proper lawsuit necessary Is a Partition Action.

I am rather perplexed by the previous answers. A quiet-title lawsuit is intended to have the court declare who is the lawful holder of title. In your case, the likely result is that the partnership would be determined to hold title, even if it had never been formally conveyed by deed to the partnership (which it likely has been, of course). A partition action MAY be acceptable, but note Code of Civil Procedure section 872.730, placing limitations and additional requirements on a suit for partition of partnership property. I would suggest that a third alternative should be considered, i.e., an action under California partnership law. In order to know which section of the Revised Uniform Partnership Act would best cover the disagreement here, it would be necessary to review the partnership agreement (which isn't required to be in writing) and look at the other activities and assets (I assume there are but two partners). It could be a suit under Corporations Code 16405, or maybe you trigger a windup of the partnership by dissociating from it under Corps. Code 16601 et seq. -- and there are other possibilities. Please feel free to contact me for further discussion, at no charge.

I agree with Mr Whipples response. You need more information to address your question properly. In general the answer is that, yes, you are likely to be able to force a sale. The tools needed to allow this occur and the likely costs f doing so differ bnased on the factual circumstances of your ownership and the form of title.

Mr. Sussman is entirely wrong. Mr. Whipple is exactly right.