The Partition Lawsuit Steps. A basic explanation is that a partition lawsuit will force the court to either divide the property between the owners, or sell the property and divide the sale proceeds between the owners. However, this assumes that the property will indeed sell at some point. A partition lawsuit (or a partition action) is a legal process by which a court either divides up a property among the co-owners or sells the property and divides the money among the co-owners. Once the mortgagee has been made a party to the partition lawsuit, the mortgagee may foreclose its mortgage in the partition lawsuit. However, this sort of literal division only occurs with land, acreage, or rural property that can be doled out in equal pieces. The sale occurs under court supervision, ending in division of the property or sale proceeds. BUT, see the discussion below regarding adjustment of profit splits based on fairness factors. But when it comes to co-ownership, the law cannot really force co-owners to remain as co-owners. But due to sky-high purchase prices and maintenance costs, it can remain just that - only a dream. Schedule a free consultation to learn how we can help! Obviously, no one literally wants to split the baby. The most basic requirement for anyone seeking to sue for partition of property is that they are a co-owner of the real property at issue (i.e., they must co-own the real property with at least one other person). The technical storage or access that is used exclusively for statistical purposes. A buyout or voluntary sale might be less than ideal. District Court Miscellaneous Fee Schedule. In short, to force the sale of jointly owned property, you must first confirm title, then attempt a voluntary sale or buyout, file and serve a partition lawsuit, get an appraisal, sell the property, and finally divide the sale proceeds fairly. force a party to own property they do not want. This person might suffer a reduction in sale profits due to the disproportionate benefits received in the past. But what if they stop paying the mortgage? A voluntary buyout also prevents the loss in value resulting from litigation. The attorney ESTATES COSTS AND FEES G.S. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Legal fee structures also vary in ways that impact the cost of litigation. Foreclosure of the mortgage could result in additional complexities and costs to the co-owners of the real property. Reasonable attorney's fees incurred or paid by a party for the common benefit 2. It will be easier to win the partition if you determine the least you can pay by deducting the costs of sale, valuing the property accurately, and subtracting any offsets in favor of the defendant(s). In a partition action, the party filing it is entitled to attorney's fees pursuant to California Code of Civil Procedure Section 874.040, which states: "the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable."

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