When there are two or more owners of Real Property and a dispute arises regarding the property – such as the management of it, distributing rents collected, one co-owner living in the property or if one co-owner just wants to sell their interest and move on, a party may be able to file a partition lawsuit to obtain a court order authorizing the sale of the entire property and distribution of the sales proceeds.
The first thing to do is to check out how the title is held. If the title to the property is in “Joint Tenancy” or “Tenants In Common,” then any JT or TIC co-owner has an absolute right to file a partition action. One advantage of filing the partition lawsuit – as opposed to waiting for another co-owner to file it – is that the Plaintiff normally can recover the money they spent hiring their attorneys. And if you have made more payments than the other co-owner(s) and/or the other co-owner has collected rent but not paid you your share, then we highly recommend filing a partition lawsuit.
A judge will allow all parties that have an interest in the property to make any and all arguments related to how the proceeds of the sale of the property should be distributed. This is why you need to hire an experienced Real Estate Law firm that can argue for all of the proceeds you are entitled to. Partition actions are not as simple as “50% for me and 50% for you.” Usually, one person has spent more money paying taxes, mortgage(s), and utilities than the other(s), and/or one person has collected more rent than the other(s), and/or one has lived in the property longer. The court will take all of this into consideration once the property has been sold and the profits are divided. In order to win the “offsets” that you deserve, then you’ll need to provide proof of your expenses, payments made and repairs done and show any rents collected but not distributed to you or any unlawful or unfair advances taken out from the property. Those legal arguments need to be made within the Partition Lawsuit, as any arguments not made will not be allowed to be made in the future after the case is over.
Partition Actions are often filed along with an argument for the Quiet Title of the property.
A quiet title lawsuit can resolve many types of Real Estate-related disputes such as:
An encumbrance or lien that prevents the sale of a property to a third party,
An ownership interest acquired by fraud or coercion,
An illegal lien recorded on a property,
A wrongful transfer of Title to another party,
Ownership claims of a cohabitating couple,
Conflicting property claims of the beneficiaries of an estate,
Taking Title back and/or taking someone off Title who was wrongfully placed onto Title.
If you believe that filing a partition or quiet title lawsuit might solve your problem(s), then make sure to contact a Real Estate Attorney with experience in such matters. At Gomez Law, APC with offices throughout Southern California, we are real estate attorneys with extensive experience in partition and quiet title actions. We fight for you to make sure that your legal rights are represented and protected.
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We started Gomez Law, APC as a small Boutique Real Estate Law Firm. However, Real Property legal issues can appear in a variety of different forums. Therefore, to best assist our clients, we have developed experience in those other forums and in other areas of law that are commonly related to Real Estate legal issues. Thus, a team equipped with skills and knowledge to also function as defense attorneys were established. From Federal Court to Appellate Court, there is no challenge that our team is not ready and able to meet. Be guided from start to end by one of the top real estate attorneys Los Angeles has to offer.
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