Legal Question in Real Estate Law in California

patition

What happens when a partition lawsuit is filed in court? what does the process entail?

Thanks

Asked on 11/11/06, 5:04 pm

2 Answers from Attorneys

Larry Rothman Larry Rothman & Associates
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Re: patition

Once the lawsuit is filed, it has the same charactoristics as any other lawsuit. One difference it that a Motion for Summary Judgment can be filed. Please call me if you have any other questions. Normally, without a Motion for Summary Judgment, these cases usually take up to 1 year or more to be resolved.

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11/26/06, 12:47 pm
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS
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Re: patition

Assuming that the Plaintiff has complied with the myriad procedural and substantive requirements, then after all parties are served, the court will likely order the property sold per a referee's administration. A referee is appointed by the court, sometimes with the parties' input. The referee eventually sells the property and places the proceeds in trust. The parties then litigate what portion of the proceeds go to each co-owner of the property.

In the simplest case, a property owned half/half by two partners, each of whom have contributed equally to the property's upkeep, maintenance, etc, the proceeds from the sale (less expenses and referee's fee) would be divided equally between the partners.

There can be many pitfalls in a partition lawsuit; and litigators not familiar with how to properly complete a partition lawsuit will generally take a lot longer than typical to do one. Partition lawsuits are generally quite expensive.

We are real property litigators with extensive experience bringing and defending against partition suits. If you would like us to review the underlying facts and docs, please feel free to contact us for a no charge consult.

Good luck.

***No Legal Services or Attorney Client Relationship - Although this email may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should not and are not authorized to rely on this email as a source of legal advice. Until a formal Retainer Agreement is executed, any communication between you and The Guerrini Law Firm cannot create any attorney-client relationship between you and The Guerrini Law Firm.***

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11/11/06, 5:28 pm

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