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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36961
Experience:  Texas Attorney for 30 years dealing in real estate
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California real estate: rights of an owner of an undivided

Customer Question

California real estate: rights of an owner of an undivided half interest in a vacant lot as to utilization for a septic leach field. ( The owner of the half interest has adjacent lots with full ownership, but needs additional space for a septic leach field.)
The owner of the other half interest is deceased, and no probate has been opened , so my question is what can be done without any permission of the other owner.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Ray replied 7 months ago.
Hi and welcome to JA. Ray here to help you today. You can file a suit for partition here with the court and seek a court ordered sale.The court would deal with the deceased person and likely force probate to be opened. Your other option is to sell your undivided interest.You can do that here.You can sell it to neighbor and get out of the situation and let him try to acquire the other half from the estate. These are your options here to sell your interest in California.
Expert:  Ray replied 7 months ago.
Reference to suit for partition http://www.kinseylaw.com/clientserv2/civillitigationserv/realestate/partition/partition.html
Expert:  Ray replied 7 months ago.
Sample partition suit http://www.partitionlaw.com/formcomplaint.html I appreciate the chance to help you today.Thanks again.

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