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There are at least several ways to win a partition action suit, not the least of which include: Selling your equity at a fair price. Selling the house on the open market. Receiving compensation for money put into the home. Renting the property. Keeping the property for yourself and buying out the other co-owners.
In a partition by allotment, which is not available in all jurisdictions, the court awards full ownership of the land to a single owner or subset of owners, and orders them to pay the person or persons divested of ownership for the interest awarded.
A partition action can take 6-12 months on average. If the partition lawsuit involves land that is to be partitioned "in-kind", you can expect 12-24 months before final judgment. In most cases, partition actions are settled out of court.
A partition action is a lawsuit that forces the sell of ownership in court. Whether it's a building, home, or farm, anything attached to real property can be divided and sold by co-ownership in California. California legislation has a written Civil Code Procedure to follow when ownership is dissolved or changed.
Costs in a partition action are paid by each party pro rata ing to the value of that party's partitioned share.
Texas law provides each co-owner of real property with an absolute right to have their property partitioned through a forced judicial sale.
Article 494-501 of the Civil Code of the Philippines Each co-owner may demand at any time the partition of the thing owned in common, insofar as his share is concerned. Nevertheless, an agreement to keep the thing undivided for a certain period of time, not exceeding ten years, shall be valid.