Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Please note: (1) this is general information only, not legal advice; and (2) I will provide you with honest information and not necessarily to tell you might be hoping to hear.
I am very sorry you are dealing with this situation. Yes a person can bring a petition to partition and forced sale of property. These types of cases, as you can imagine, are very expensive, time consuming, contentious and run the risk of creating friction among family members for many years.
The process is initiated by filing a complaint with the court in the county where the real property is located. If the matter can not be resolved prior to the determined court date, the matter will be heard at a civil trial. Here is a good article that focuses on the current trend of California partition laws: www.partitionlaw.com/Primer.html
This type of legal action should be persuade with the help of local counsel to file the complaint and represent you in court. While you have a legal right to bring an action on your own behalf, because of the complexity in nature of these types of suits and the fact they are often one by persuasive argument, I would suggest you retain a lawyer.
The California State Bar Association has a link to various county bar sites that maintain a list of lawyers that practice in the area of partition and sale: www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx
Another action you might consider is trying to reach an agreement among the other owners as to how the property is to be managed, used and costs shared among the owners. This type of tenancy agreement can be useful in keeping a toxic owner's level of toxicity to a minimum. It would be helpful to have a lawyer assist with the drafting and negotiation of the terms. Also, a community mediator can be useful to resolve disputes of this nature. The mediator acts as an independent third party reasonable mind to try and reach an agreement among owners that then can be used to either enter into a transaction (sell the property) or create an agreement that helps defuse the problem.
Here is a link to community mediation information and mediators: www.cdrc.net/ and www.dca.ca.gov/consumer/mediation_programs.shtml
Also, it is possible, if the property is held as tenants in common and not as joint tenants with rights of survivorship, you could in theory if you can find a willing buyer and sell your 25% without the consent of the other owners.
All my best & encouragement. Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.
Thank you. You provided me with a lot of information. I just want to confirm that as a 25% (minority) owner I can still "Force a Sale" of that beach house......Meaning that it will go to court, and be listed for sale on the public market.
Also, I don't want my private info. (in our correspondence) to be listed online. If you list my question, and your answer, can you please remove the property address and my name?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).