Legal Question in Real Estate Law in California

My domestic partner and I separated 2 years ago. She continues to live in our apartment that we bought in 2005, which is a TIC with one other unit and owner. She refuses to refinance or sell the apartment, and won't contribute to the mortgage so I am covering the expenses so we don't default on the loan. The other TIC owner wants to sell and we were informed that we need her approval to sell, or even refinance. I have filed a partition action but I understand that takes a very long time. Given that the other owner wants to sell, I want to sell AND I am no longer able to pay the mortgage, what are my options to expedite the partition process - or get out in a different way? I should add that we have a lot of equity in the apartment and a very hot real estate market so this will be profitable for all, she just doesn't want to leave the apartment, so I am stuck. Any advice would be very helpful.


Asked on 6/03/14, 2:34 pm

2 Answers from Attorneys

Is there a reason you have not filed for dissolution of your domestic partnership and motions to have the property sold in that proceeding? That would usually be far more expedited than a partition action.

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Answered on 6/03/14, 3:44 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Mr. McCormick is right, assuming you were registered domestic partners. If not, partition is the only legal process that leads to the desired result, so you'll just have to tough it out, EXCEPT that a very high percentage of partition cases settle, more-or-less "out of court" long before a final court decree. The reasons include the fact that reluctant defendants sooner or later see the handwriting on the wall, or decide they'd rather receive cash from sale of the property rather than fork over cash to an attorney, etc. etc. So, unless your co-owner desires to punish you at whatever cost to herself, at some point in the legal process she should become amenable to a settlement. Sometimes if the parties can't negotiate a settlement themselves (because of mistrust or hostility), they are at least willing to turn the matter over to a private and neutral arbitrator for decision, handling of the sale, distribution of net proceeds, etc.

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Answered on 6/03/14, 4:41 pm


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