Partition Agreement Of Land In Santa Clara
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FAQ
How Long Does a Partition Action Take? While most lawsuits in California are supposed to take two years or more, there are a number of steps that an experienced partition lawyer can take to ensure that a partition action takes in less time.
Previously, the partition law in California permitted any co-owner of a property to force a sale, often to the detriment of other owners. The new amendments, however, introduce a right of first refusal.
Here is an overview on how a partition action will play out in court. The party who wishes to initiate the action (the “Plaintiff”) must file a verified complaint for partition. The court will first determine the ownership interests of each of the co-owners.
To initiate a partition action in California, a co-owner must file a lawsuit in the appropriate court and name all other co-owners as defendants. The court will then determine whether partition is appropriate, and if so, will order the sale or division of the property.
The actual time it takes from when a partition case is filed to when the land is partitioned physically, by sale, or by set-off varies from case to case. In general, partition cases can take several months or even years to resolve.
Hourly rates in California by practice area Practice AreaAverage Hourly Rate Criminal $325 Elder Law $365 Employment Labor $381 Family $36827 more rows
To demand a partition or division of the common property is in with Article 494 of the Civil Code, that is, no co-owner shall be obliged to remain in the co-ownership and that each co-owner may demand at any time partition of the thing owned in common insofar as his or her share is concerned.
If negotiation or mediation fails to resolve the dispute, the next step is to prepare and file a partition complaint. You have to file the Complaint in the Superior Court of California for the County where the Property is located. This is the only court with the power to hear the case.
Generally, courts divide the costs of partition among the parties in proportion to their ownership interests or in a different manner when necessary to ensure equitable distributions. (CCP § 874.040.)