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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I need to file a partition house me and my boy ex abusive

Customer Question

I need to file a partition for a house me and my boy ex abusive boyfriend bought 2 months ago. We are 50/50 joint tenants.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am very sorry to learn of this situation. A partition action is the way to force the sale of the home and division of the proceeds. However, as you are probably already aware, this is not very cost effective for either party.

Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.

Customer: replied 1 year ago.
what is the first step? What are my options mean while? Can I get a restraining order to keep him away from me even though he's half owner
Expert:  CalAttorney2 replied 1 year ago.

Absolutely, if you are afraid of imminent physical harm, you can get a restraining order (see: http://www.courts.ca.gov/1264.htm).

But the restraining order and the property partition are separate civil matters. They will not be handled in the same court case.

Customer: replied 1 year ago.
should I get a restraining order first then try to get the partition, do you know how or what I can do to keep the house. Do you know what the process and what I need to buy him out
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

If you are in fear of imminent harm, file for your restraining order right away!

The partition action is a separate issue. If you want to try to negotiate a buy out, you can do so (like I mentioned, if you cannot reach a mutually agreed upon agreement, try using a mediator). But if you cannot reach an agreement, you can sue for a "partition by sale" and the court will order that the property be sold and the proceeds will be divided between the two of you. (You cannot force your co-owner to accept a buy out).

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