Legal Question in Real Estate Law in California

equitable partition

I have a home with a partner. we are not romanticaly involved. I want to sell or have her buy me out and she won't go for it at all. I need to make this happen.

HOW?


Asked on 7/27/05, 5:55 pm

4 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: equitable partition

If real property is owned concurrently by two or more persons, then any of the interested parties may file a lawsuit to “partition” the property which, effectively, requests the court to physically divide or, alternatively, order the sale of the property and division of the proceeds. The action is called a partition action and for people with concurrent interests (currently existing) who have not “waived” the right to partition, it is an absolute right. The demand for partition must be granted by the Court to those persons.

Obviously the Court won't "divide" a house, but you can use it as the vehicle to either force the sale or force a buy out.

Feel free to contact me if you need further assistance with this.

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Answered on 7/27/05, 6:02 pm
Scott Schomer Schomer Law Group

Re: equitable partition

You need to file a partition lawsuit, which is a request to divide or force a sale of the property. If it is a house, most likely the court will establish a buy out price or force the actual sale, with the proceeds being divided according to the interests of each owner.

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Answered on 7/27/05, 6:05 pm
Michael Olden Law Offices of Michael A. Olden

Re: equitable partition

i just answered this question for another person again in so. ca --- juset research my answers on this date and take that advice --- good luck

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Answered on 7/27/05, 9:23 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: equitable partition

A partition action. Not for an amature so get representation. I practice in L.A. and Orange County. Call me directly at (619) 222-3504.

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Answered on 7/27/05, 10:22 pm


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