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Here are some of the most common ways to win a partition suit: Getting bought out at a fair price. ... The property being sold on the open market. ... Getting a co-owner to move out of the property so it can be rented. ... Getting reimbursed for the funds you put into the property.
In A Partition Proceeding, Who Pays The Attorney's Fees? If a co-owner chooses not to hire a lawyer, the law generally says that each party handles paying their attorney. Under certain circumstances, the judge may order an unrepresented party to pay a portion of the fees in that case.
In a partition lawsuit, there are generally four different steps. First, the court determines each party's ownership interests. Second, the court will decide on the manner of sale. Third, the court will order the property be sold.
In a partition lawsuit, there are generally four different steps. First, the court determines each party's ownership interests. Second, the court will decide on the manner of sale. Third, the court will order the property be sold.
In partition actions, Code of Civil Procedure section 874.010 provides that the lower court in a partition action shall award attorney's fees incurred or paid by a party if there was a common benefit to all the parties?it is not a prevailing party statute, but it only spreads fees and costs associated with the ...