PARTITION OF REAL ESTATE

Michael T. Chulak & Associates represents clients in partition actions or lawsuits throughout California.

Partition is a legal action in which a co-owner of real property files a lawsuit in order to obtain a court order forcing one or more of the following:

  • Sale of the real estate
  • Division of the property, and/or
  • Division of the profits from the property.
Generally, a partition order by the court provides for an appraisal of the property which establishes either the sale price of the property or the price at which one co-owner can purchase the interest of another co-owner.

Partition suits or actions rarely result in court trials. Partition suits usually result in forcing the co-owners to either voluntarily sell the property or work out a purchase-sale between them.

Partition actions are most common in the following situations:

  • Partnership disputes
  • Corporate dissolutions
  • Property is inherited by people having different objectives. One wants to sell the other wants to retain the property
  • Destruction of a condominium building or other co-owned building (by fire, earthquake, landslide, mudslide or otherwise) where the issue of reconstruction is at issue.

For additional information on partition litigation or any real estate matter, please contact us.


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