Quick Answer: How Does A Partition Action Work?

How expensive is a partition lawsuit?

In California, the cost of partition action and attorneys fees can vary greatly, depending on the complexity of the litigation involved.

Attorney’s fees can range from $20,000 to $100,000+ per defendant or plaintiff..

How do you fight a partition action?

You can hire a trust litigation attorney to litigate a partition action. Your attorney may fight to increase the value of your share of the property if, for example, you paid for maintenance, repairs, improvements, property taxes, mortgage payments, etc.

What happens in a partition action?

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. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of “Partition”.

How long does a partition action take?

about one yearAs a rule a Partition action will take about one year to get to trial from the time of filing the complaint. Most Partition actions settle along the way. Sometimes within a month sometimes on the eve of trial.

Can a partition action be stopped?

Typically, a partition action cannot be stopped once a lawsuit is filed because anyone who wants to dissolve ownership that is jointly owned with another person has a legal right to sell his/her interest if desired.