Legal Questions
What are the attorney and court costs and the likely outcomes associated with a California partition action?
My 90-year-old mother-in-law, a 51-percent owner, is a tenant in common along with two other TICs in a 6-acre parcel of land in Ventura County. The three have owned the property for 30-plus years. All parties presently wish to sell, but the other two -- neither of whom needs the money -- are holding out to sell to a developer for a premium (i.e. unrealistic) price. (There have been feelers from developers in the past.) My mother-in-law now understandably wants to realize a profit in her investment during her lifetime. There seems to be no way to compel the others to sell; my mother-in-law has zero leverage at this point. Additionally, things have grown contentious, with one of the other two TICs (another son-in-law) living on the property rent-free, which is contrary to a written agreement. What can be done?
Answers (1)
Jody Winter
1 ContributionsIt seems like a partition action is inevitable under those facts. Partition is a remedy that an owner of real property seeks of the Court in civil litigation. So, it is a lawsuit like other real estate litigation. That means that the costs are similar to any other real estate litigation. Likely outcomes in your case are very favorable. Because the law favors partition when co-owners (here TICs) of real property cannot agree on retaining ownership or selling, it is highly likely that the matter would be decided in your mother-in-law's favor. We handle real estate litigation like this every day, and we would be glad to help your mother-in-law. Please have her contact us at LloydWinter, P.C. as soon as possible (559-233-3636).
Posted - on 01/15/2017