Sample Partition Agreement With Waiver Of Rights In California
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This Partition Agreement is an Agreement for the Partition and Division of Real Property. This is a Voluntary agreement to partition and divide real property. This Agreement can be used in any state. This Agreement is to be signed in front of a notary public.
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A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights.The document is a partition agreement between two parties to terminate their community ownership of a parcel of land and divide it between them. Generally, a partition action cannot be stopped absent a valid waiver. Waiver of Right to Partition. We have provided free online forms for partition actions that should only be used in conjunction with a partition attorney in California. In other words, any co-owner can force the sale of the property. Underwood Law Firm, P.C. California Partition Law Blog. Defenses like claims of a valid waiver in a right of first refusal remain valid. A waiver is just an agreement that the right to partition will not apply in the situation.