Legal Question in Real Estate Law in California

Re: Selling property

Your mother and aunt are probably tenants in common, or possibly joint tenants. In either case, the legal process you're looking at is a special kind of lawsuit called a partition action.

Unless a co-owner has waived her right to partition, the suit may be filed and the court will order a sale and equitable distribution of the net proceeds.

A partition suit takes time and can be expensive if pursued to final judgment, and the sale procedure doesn't necessarily produce the best price. On the other hand, once the suit is filed the reluctant co-owner will often negotiate so that an out-of-court settlement can be achieved.

Re: Selling property

A partition action should be filed if a letter from an attorney does not solve your problem.

Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation and correspondence. We handle cases throughout California.

Re: Selling property

Yes you can force her to sell. Hopefully a well drafted letter explaining the law and your right to force a sale will do the trick. Otherwise you will need to file a lawsuit for force a sale.

If we can be of further assistance, let me know.

Re: Selling property

I would recommend you see an attorney to assist. Many will provide initial consultation without charge. You can pursue an action for partition. Call if you wish to discuss.

Re: Selling property

File an action called a Partition by Sale. There are also additional penalties for the co-owner who is causing trouble such as attorney fees and court costs.

I would recommend you send them a notice of your intent to file suit, and then do so.

If you need assistance, please feel free to contact me at 626-578-0708.

Good luck to you.

Re: Selling property

You may sue fpr partition. Call me directly at (619) 222-3504.

Re: Selling property

The appropriate remedy is to retain a lawyer and file an action for "partition of real property". The situation you describe is not uncommon, and where parties who jointly own real estate cannot come to agreement on the sale or other matters respecting the property, the court will order the property sold and each party will receive their proportioante share after the costs of sale are satisfied.