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What Is the Likely Outcome of a California Partition Action

A partition action is a lawsuit that a owner of property files against the other owners of the same property to compel the sale of the property.  To commence a partition action, the lawsuit (or complaint) is filed.  Then all owners of the properties are served with the lawsuit.

The process can end shortly after that point if the defendant obtains sound legal advise.  There are not many defenses to a partition action, particularly if the property involved contains a single structure such as a house.  With that being the case, it is in the best interests of all of the parties, plaintiff and defendants alike, to resolve the case by either selling the property or where one of the defendants buys-out the plaintiff’s interest in the property.

If the defendant is receiving good advise, an immediate opportunity to settle the case should be present.  Defendants, however, do not always get good advise and do not always make reasonable and rational decisions.  But even those cases, after some time, do get resolved with a buyout or a sale of the property.

I regularly represent plaintiffs and defendants in California partition actions in the East Bay Area.  If you believe that you would benefit from a partition action or have been named as a defendant in a partition action, please feel free to contact me to arrange for a consultation at (510) 465-0025.

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