PARTITION ACTIONS

Partition is a matter of right in California.

Since our founding, we have represented clients in wide variety of real estate matters, including a lengthy “partition” action involving multiple properties.

What is a partition action? A partition action is basically an action to separate a jointly held real estate interest (for example, a property held as tenants in common). Sometimes this partition can be accomplished via trading of properties or sometimes via a division of an existing parcel. Most often however, the partition results in a partition by sale. The partition by sale results in cash, which is fungible, and can be easily split amongst the parties — once the Court decides (or the parties’ settle) on who should receive what percentage of the property.

The battleground issue in a partition action is ultimately who should receive what percentage of the property. In the effort to establish their percentage, it is not uncommon for a party to assert (1) breach an oral contract (“they promised me X if I did Y”) or (2) to assert fraud on behalf of the other party (“they never would have received their percentage if they had told the truth”, or “they are inflating their contributions”) or (3) breach of fiduciary duty.

Please take advantage of our FREE online case submission or call us today to start a conversation.

Contact Us

CASE STUDIES

DEFENDED community real estate non-profit organization when they were sued for partition, breach of contract, and breach of fiduciary duty. Brought counter-claims. Case covered approximately 10 properties and a decades long business relationship.

RESULT

Client paid $0 of the 7-figure demand

TIME TO RESOLUTION

13 months

HOW WAS CASE RESOLVED?

Settled during litigation through mediation

SUBMIT YOUR MATTER TO US

CONTACT US TO SCHEDULE TIME TO CONSULT WITH A LAWYER

Need help on a major transaction? Someone to watch over your litigation? Business advice? Evaluate a document? Submit your matter for free. All information submitted is treated confidentially to the fullest extent of the law.

CONTACT US

BLOG

THE LATEST NEWS& UPDATES
  • Real Estate Leasing
  • |
  • May 28, 2020

SB 939 Alters The Terms of Commercial Leases

  • General
  • |
  • May 19, 2020

COVID-19: California Resources

  • Employment
  • |
  • Feb 03, 2020

Federal Judge Extends Restraining Order Preventing Ban on Employment Arbitration Agreements (AB51)