Partition Settlement Agreement With Waiver Of Rights In Fulton
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FAQ
A compelling reason for a partition action typically arises when co-owners of jointly owned property cannot agree on how to manage, use, or dispose of the property.
In California, the timeline of a partition lawsuit can range from several months to over a year. The duration is influenced by factors such as the number of parties involved, the nature of the property, and whether the case is contested.
A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of “Partition”.
Any co-owner—called a co-tenant—or a creditor can force a sale of the property. A creditor can also seize at least a portion of the debtor's property or the proceeds of a sale.
The California partition statutes explain that “partition as to…the property shall be as of right unless barred by a valid waiver.” “'Waiver' means the intentional relinquishment or abandonment of a known right.