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These costs usually include legal fees and fees for a commissioner who will either divide or sell the property. The fees for a partition action can often exceed $20,000 and can become even greater depending on the level of complexity and whether or not the action is contested.
In short, to force the sale of jointly owned property, you must first confirm title, then attempt a voluntary sale or buyout, file and serve a partition lawsuit, get an appraisal, sell the property, and finally divide the sale proceeds fairly.
How Long Does It Take to Partition a Property? A partition action usually takes between six to nine months depending on the circumstances and the complexity of each case. The most significant factor is whether the partition is being handled by an attorney who practices only in partition law.
Under Colorado law, a partition action is a legal proceeding used to divide or sell jointly owned real estate. When co-owners can't agree on how to manage, use, or sell their property, Colorado's partition statute provides a mechanism to separate their interests.
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”.
The actual time it takes from when a partition case is filed to when the land is partitioned physically, by sale, or by set-off varies from case to case. In general, partition cases can take several months or even years to resolve.
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.
Typically, a partition action in Southern California can take anywhere from 6 to 12 months to complete. However, it's important to note that this is just an average, and your case could be resolved more quickly or take longer depending on various factors.