Legal Question in Real Estate Law in California

Re: land issue

A demand letter should be sent for reinbursement. If the other owner does not pay, a partition action should be filed. Please contact our office for review of your documentation and consultation. We handle cases throughout California. 714 363 0220.

Re: land issue

The first thing you need to do is hire a good real estate attorney, expertise in both real estate and litigation. It sounds like you of not had an attorney to guide you through out this whole transaction. It also sounds like you don't even have a written contract applicable to the ownership of the property. Therefore, if he is not pay taxes at all or any other monies you can't just automatically take them off title. It also sounds like you don't want to pay any money to him to buy him out of his equity in the property. You haven't told us how the property was purchased and the form of the title. How much you pay down and how much he pay down and what the agreement was it that all applicable to the maintenance of the property throughout term. The relationship between you two would be greatly appreciated as well. So many questions left out. Ultimately, you will probably have to sue or partition in the Superior Court in the county in which the property is located. An accounting between you too will have to be done and the court may order the property sold outright and the proceeds went after an accounting has been dealt with.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

Re: land issue

First, you need to demand payment from the other part owner, as well as a demand to sell the property. If he does not comply, you will need to file a partition action to force the sale of the property.

Re: land issue

It is usually not possible to force a co-owner to sell to you. However, since your goal is to cash out and not to buy, a lawsuit for partition will accomplish the desired result.

Partition is a special kind of suit, authorized by statute, allowing any co-owner (whether tenant in common or joint tenant) to force a physical division or, more frequently these days, a court-supervised sale after which the net proceeds are divided in proportions the court finds fairest after taking evidence. You payment of the taxes would be reflected in your share. The right to partition can, however, be waived (lost) by acts of one or both parties, such as entering into a buy-sell agreement or a joint development project.

Community property is not subject to partition.

Generally the most economical way to pursue a partition is to use a real-estate attorney whose office is in the county where the property is located and/or where the parties reside. Also, it is often not necessary to pursue the suit through trial; often, the reluctant co-owner will sell to the other or agree to an out-of-court sale without the necessity of trial and judgment.

Re: land issue

Without his approval you will not get entirety of property sale. You can sue for partition, however, unless he/she gives you a quit claim or other deed of his interest, he still can share. Court will likely allow you to force him to pay his share of expenses you've paid.

Re: land issue

You will need to buy out the other owner, and, if he does not wish to sell, sue in a partition action and purchase the property at that point.

Joel Selik

Attorney/R.E. Broker