In situations where co-owners can't agree on how to share the ownership responsibilities of a piece of real estate, California law provides the equitable remedy of partition. The term "partition" refers to the division of property among co-owners. Real property held by co-owners as tenants in common and joint tenancy may be partitioned. The process for doing so is governed by California statutory law. Any co-owner can seek a partition, provided he/she has not previously waived his/her right to do so.
While properties can be physically divided by the Court and distributed among the co-owners, this is not common and generally applies only to large divisible vacant land. Usually, the Court will order a sale of the property and an equitable division of the proceeds among the co-owners. The Court may order that the property be listed and sold, usually through a licensed real estate broker.
Whether the case involves a residence, a commercial property, or vacant land, and if the owners cannot agree on how to manage the property or share the payment of taxes, costs of maintenance, or agree on needed improvements to the property, any person, party, or business entity has the right to seek partition absent an agreement to waive that right.
Thus, in cases where co-owners cannot work out a resolution on their own, one or more will need to turn to the Courts for a solution. Our law office has many years experience in handling partition actions.
Please contact The Brereton Law Office to schedule an initial consultation regarding your real estate dispute.