Article Source: Underwood Law Firm, San Diego, CA
Owning a home in San Diego is a dream for many. Since this requires a significant investment, many consider sharing the financial burden with a close one (sibling, spouse, friend, or even business partner) and co-owning the property. While co-owning seems practical in this day and age, things can go haywire pretty soon.
Here, we’ll learn the signs your co-ownership isn’t working out, introduce a partition lawsuit, and how a partition attorney can help you!
Signs of Co-Ownership Gone Wrong
Before considering a partition lawsuit, you must understand whether there’s truly a severe issue at hand. Some obvious signs of faulty co-ownership are as follows.
- One of the co-owners is not paying mortgages or other expenses.
- Repetitive disagreements about property occupying, selling, or renting.
- Significant decisions are made unilaterally without the other co-owners’ consent.
- Disagreement about necessary repairs, upgrades, or tenant management.
- One co-owner wants to sell, but the rest don’t.
In cases like these, a simple discussion may not always be effective. You need the help of an experienced San Diego property partition attorney for your San Diego property. They will guide you throughout the process, helping you reach a settlement through out-of-court negotiation or litigation in your favor if necessary.
What is a Partition Lawsuit?
A partition action is the process of dividing or selling co-owned property ordered by the court when owners disagree regarding property usage or sale. The partition lawsuit is the legal action filed by the co-owner, requesting the court to undertake the process to recover their respective share of the property.
In California, co-owners usually see the following types of partition:
- Partition by Sale is where the court decides the property will be sold, and then the proceeds are divided proportionally.
- Partition in Kind is where the property is divided physically among the co-owners. However, this is quite rare due to San Diego’s zoning and urban lot sizes.
- Partition by Appraisal, where one owner buys out the other one’s share at a fair value.
How a Partition Attorney Can Help
1. Assessment of Legal Standing
A partition attorney reviews all documents related to the property, including title documents, deeds, financial documents such as mortgages, taxes, repair records, existing co-ownership contracts, and evidence of communication among all parties.
They determine whether you have the ownership rights for the claim, the scope of the claim, and any extra compensation and reimbursement you might deserve.
2. Partition Complaint Filing
Your partition attorney takes care of the partition complaint drafting and filing responsibilities. They name all co-owners and relevant parties with an interest in said property and file the case in the San Diego County Superior Court.
They serve all notices properly to co-owners, conduct all steps within court deadlines, and respond accurately to counterclaims. Thus, there is no wrong step that can delay the process or put you at a disadvantage.
3. Negotiation Outside Court
Attorneys know that litigation is tedious, time-consuming, and expensive. Often, homeowners regret initiating litigation and wish they’d resolved things through negotiations. That’s why your attorney will try their best to negotiate a settlement out of court.
For instance, they suggest one owner buys out the others’ shares. They mediate discussions to negotiate so everyone reaches a middle ground. They may arrange a way to list and sell the home by cooperating with everyone. If there was unequal and unfair contribution during the ownership, they also negotiate for reimbursement for the owner who spent too much.
Besides the formal arrangements and mediation, they also serve as buffers, i.e., prevent emotional outbursts that ruin negotiation efforts. They ensure every negotiation session is focused on fair outcomes, ensuring nobody wastes their time.
4. Court-Ordered Partition Sale
If the co-owners can’t reach a middle ground, the partition attorney is left with only one method: a partition action and sale. They file the partition complaint and properly serve papers to the co-owners.
If a division isn’t favorable, they argue for partition by sale and protect your part of the proceeds from others’ unfair claims. They also challenge improper partition (if the case arises).
The judge often appoints a neutral third-party referee for this. The sale happens through open market listing or public auctions.
Your attorney closely observes the process so that it is fair and transparent. If necessary, they also step in to enhance property marketing and land the most competitive offers.
5. Fair Proceed Distribution
Lastly, your attorney ensures that you get the correct value for your specific ownership share. They check whether you are being reimbursed for unfair excess investment (mortgage, repair, and taxes) on the property. They also verify that all debts and liens are settled prior to distribution.
Parting Words
Co-owning a San Diego property is great only if everyone has an aligned mindset. If your intentions clash, things get serious. A partition attorney can advocate for your needs and protect your interests in such scenarios. Therefore, find a reliable attorney and resolve the issue.
