California Partition Deed for Surface Estate
Description
How to fill out Partition Deed For Surface Estate?
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FAQ
A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the owners of property. It is sometimes described as a forced sale.
A partition agreement may be an express statement that the right to partition is waived. It may also be evidenced by a right of first refusal where one co-tenant is required to offer the property for sale to another co-tenant as a condition precedent to an action for partition.
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.
A partition action is a lawsuit that forces the sale or division of jointly owned real property. The court will equitably divide the interests of all the co-owners even if one or more co-owners does not agree to the sale or division.
There are 3 basic types of partition actions in California. Partition by Sale. This is by far the most common type of partition in which the court will force the sale of the property and distribute the proceeds ingly among co-owners who are tenants in common. ... Partition by Appraisal. ... Partition in Kind.
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.
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.
In California, most people consider a partition action when they want to sell their interest in a property, but the other shared owners do not want to sell and don't want to pay a fair price. This is typical of siblings who have inherited a real estate property from deceased parents.
