Counsel from a Los Angeles Real Estate Lawyer
When people enter into ownership agreements for the purchase of real estate property, whether with friends, family, or business partners, co-owners can encounter a dispute over how the property is to be used, divided or sold, thus making the need for a partition action clear. If you are involved in such a dispute, the Law Office of Steven R. Lovett stands ready to represent you.
Los Angeles real estate attorney, Steven R. Lovett almost 40 years of experience in real estate law, and he has been involved in complex real estate litigation trials and arbitrations representing property owners. He is selected for inclusion in Southern California's Super Lawyers®, and he is a proud member of the California Association of Realtors lawyer referral panel.
If you are involved in a dispute over a property in Los Angeles County, we can offer you advice based on case law and prior experience and file a partition action if it would serve your best interests.
Know Your Rights
While the majority of sales and the distribution of proceeds don't require court intervention, there are a percentage of cases where a co-owner has a dispute over the division of the property, the division of the proceeds from a sale, or the right of another co-owner to sell the property. In such cases, the need for a partition action is undisputable.
Partition actions request the court to divide real property equitably (fairly) between interested parties, or they can force the sale of such property. Co-owners have an automatic right to request a partition action unless there is a written agreement waiving such a right.
With undeveloped land, the court may decide to divide the property to an equitable portion to each of the co-owners, or the court can order the sale of the property, with the proceeds distributed after the sale. Forcing a sale is often the only choice when the partition action involves a property with a home, a condominium, or another building or buildings located on the premises, thereby making division impossible. However, equitable doesn't necessarily mean the property will be divided into equal portions. Common reasons for a partition action include:
- Co-owners are in disagreement in how the property is being used.
- One co-owner wants to use the property as a residence, while another wants to use it for commercial purposes.
- One co-owner wants to sell the property while the other wants to keep it.
- A co-owner who inherited the property wants to sell.
Contact a Los Angeles real estate attorney today!
When co-owners of land are unable to agree on how they would like to own, manage or operate the land, one of the owners can file a partition action, which can force the sale of the property. Since this is a complex area of law, consulting with an experienced real estate attorney from the Law Office of Steven R. Lovett is a wise move.
To obtain legal advice on filing a partition action, contact our office today to arrange a free telephonic consultation. We can be reached at (888) 577-1518.