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The right of partition allows co-owners who are seeking to terminate their interests in a piece real property to do so by utilizing the appropriate court to force the sale of the property.
How long does it take to process a partition action? It generally takes about a year and half to two years to get to trial on a partition action.
Answer to a Partition Action Complaint in California In the answer, defendants have an opportunity to address the allegations contained in the plaintiff's partition action complaint. If the partition complaint is verified, each paragraph in the complaint must be addressed in the answer.
A partition is a division of concurrent interests in land. Such types of concurrent ownerships are usually either joint tenancies or tenancies in common.
A Partition By Sale allows a co-owner of real property to force a sale of the entire property despite the unwillingness of any co-owner. Absent a waiver, an owner has an absolute right to partition his or her interests in the property and force a sale of the property.
If you have to go to court, the process could take around two years from start to finish. However, if you can agree through mediation, the process could take significantly less time. The length depends on your lawyer's preparation, methods, how many owners are involved, and how much each party is willing to compromise.
Inherited Property Can Be Partitioned For instance, if a will or trust calls for an inherited property split between siblings, one sibling may wish to keep the property, whereas the other siblings wish to terminate their interests in it through a sale.
If you have to go to court, the process could take around two years from start to finish. However, if you can agree through mediation, the process could take significantly less time. The length depends on your lawyer's preparation, methods, how many owners are involved, and how much each party is willing to compromise.
A Partition By Sale allows a co-owner of real property to force a sale of the entire property despite the unwillingness of any co-owner. Absent a waiver, an owner has an absolute right to partition his or her interests in the property and force a sale of the property.
A partition suit is an effective remedy for resolving real estate ownership disputes, particularly ones in which co-owners cannot agree on whether to sell or keep a piece of property. Your strategy for how to win a partition action will depend on what you are seeking to do with the property at issue.