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A partition action is filed in the Court by submitting a "complaint" that complies with all of the requirements of the Code of Civil Procedure. In California, almost all of the partition actions are filed by attorneys on behalf of parties because there are a number of technical legal requirements for filing a lawsuit.
The letter proposes three ways to end the co-ownership relationship: a buyout, a voluntary sale, or a forced sale. The letter explains that you have the right to force a sale via partition action, citing to the relevant law.
Legal Costs: Initiating or defending a partition lawsuit requires an upfront payment of $500. This covers various legal costs, notably court filing fees. Nonrefundable Minimum Legal Fees: Our firm charges a nonrefundable fee of $4500 for either filing or defending against a partition lawsuit.
The complaint must contain the legal elements of partition, including a description of the property to be partitioned, the names and places of residence of the owners, and the quantity or current percentage of ownership held by each owner, which is necessary for the court to determine the rights and interests of the ...
Put simply, a co-owner who brings a lawsuit for partition in California is seeking to fairly and equitably divide a piece of real property among all its co-owners with the help of the court.