Partition Agreement With Waiver Of Rights In Oakland
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A partition action can compel the sale of jointly owned property when co-owners disagree. The process may take up to two years, depending on case complexity and cooperation. Exploring alternatives like mediation before filing a partition action is often advisable.
Here is an overview on how a partition action will play out in court. The party who wishes to initiate the action (the “Plaintiff”) must file a verified complaint for partition. The court will first determine the ownership interests of each of the co-owners.
Previously, the partition law in California permitted any co-owner of a property to force a sale, often to the detriment of other owners. The new amendments, however, introduce a right of first refusal.
You may respond to the complaint with a general denial or a specific denial. A specific denial responds to each allegation in the complaint individually. A general denial contains a blanket statement that all allegations in the complaint are denied.
The California Law Civil Procedure Code section 872.210 states anyone who wants to dissolve ownership that is jointly owned with another person has a legal right to sell his/her interest if desired. Eligibility for Partitions are: Inheritance that is usually family members who inherit real and personal property.
When filing a lawsuit in California, the original complaint may be either verified or unverified. If it is verified, the plaintiff makes assertions under the pains and penalties of perjury. A verified complaint also forces the defendant to respond to the lawsuit with a verified answer.