The lawyers at Arcstone Law, San Diego, are skilled and qualified in partition litigation, and we assist our clients in every way possible. We serve clients both in legal disputes and cases all over America.
When two parties are involved in Real Property ownership, both parties have an equal right to compel a court ordered sale of that property. Oftentimes, the parties have problems relating to the sharing of the rents collected or the management of the property. A party can file a lawsuit to acquire a court order permitting them to sell the entire property and distribute the sales.
The initial step to take in a Partition Actions in San Diego is to verify how the title was held. If the land’s title is under “Tenants In Common” or “Joint Tenancy,” any TIC or JT co-owner or party has the absolute right to file a Partition Action.
One benefit of filing a partition lawsuit is that the petitioner or plaintiff usually can regain the capital spent on employing their lawyers. If the other party has received rent but has not remunerated you, we very well recommend and advise that you file a partition action.
A judge can permit both parties that own profit in the land or property to make arguments associated with how the property sales are to be distributed. This is why it is necessary to employ a qualified Real Estate Law Firm that can make all the arguments needed in your place.
- Determination of profits of both/all parties
- Determination of the rights to make partitions
- Determination of method/approach partition
Partition Pattern of Fact
Partition cases involve a very simple but fundamental pattern of fact; two or more people are on the title, and the property’s equal right in question is no more viable. Nonetheless, this is not always very straight forward.
Standard Partition Cases Pattern of Fact
- On title & on Loan
This is basically the best kind of case. The client is on the title and also the loan, meaning that the client can certainly force a sale of the property then be free of the title and also the loan.
- On the title, however, not on loan
Clients are ultimately in a good position when they are not on loan but are on title, meaning that they have the right to force a sale of the property but are not responsible for the loans.
- On Loan But Not On Title
This commonly arises if the parties involved acquire a property or properties together and agree that one party removes him/herself from the title and not the loan.
Tenant in Common vs. Joint Tenant
Either Tenant in Common or Joint Tenants can make a partition lawsuit as they both have rights to force a sale of the property. It is often the best idea to end a joint tenancy prior to filing a lawsuit.
Accounting in Partition Action
An ACCOUNTING CAUSE OF ACTION must be included in the partition lawsuit so that you can account for improvements, repairs, or general offsets to which the parties are entitled to. When the accounting cause of action is not included, it does not relinquish the accounting, although it is necessary to plead it into our complaint.
LIS PENDENS- Ensure you constantly make records of Lis Pendens as you make a complaint. Failure to do this exposes your property/land to unwanted sales and liens.
- Receipts for improvements
- Escrow docs
- Lease Agreements
- Written Agreements