Carlsbad Co-Ownership Disputes
Our team of partition attorneys in San Diego can assist co-owners with frequently asked questions about partitions, such as:
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
Our Carlsbad Partition Attorneys Know San Diego County
Carlsbad is a coastal city located in San Diego County, California. It is known for its beautiful beaches, stunning coastal views, and its quaint downtown area. Carlsbad is home to Legoland California, the Flower Fields, and the Carlsbad Village, which is a popular shopping and dining destination. The city is also home to a variety of outdoor activities, including golfing, hiking, and biking. Carlsbad is a great place to visit for a relaxing beach vacation or a fun-filled family getaway.
Carlsbad, California was founded in the 1880s by a German immigrant named Gerhard Schutte. He purchased the land from the Mexican government and named it after his hometown of Karlsbad, Bohemia (now known as Karlovy Vary, Czech Republic). The city was incorporated in 1952 and has since grown to become a popular tourist destination. Carlsbad is known for its beautiful beaches, world-class golf courses, and its proximity to Legoland California. The city is also home to the Carlsbad Flower Fields, a 50-acre flower farm that blooms with colorful ranunculus flowers each spring.
Formosa Corp. v. Rogers – Partition Action Case Study
In the legal case of Formosa Corp. v. Rogers, 108 Cal.App.2d 397 (1951), the issue of partition was at the center of the dispute. The case involved a dispute between two shareholders of a corporation, Formosa Corporation, over the ownership of certain real property. The plaintiff, Formosa Corporation, sought to partition the property, while the defendant, Rogers, argued that the property was owned by the corporation and not subject to partition. The court ultimately held that the property was owned by the corporation and not subject to partition. The court reasoned that the property was held in trust for the benefit of the corporation and its shareholders, and that the shareholders had no right to partition the property. The court also noted that the corporation had the right to manage and control the property, and that the shareholders had no right to interfere with the corporation’s management of the property.
Contact an Experienced Partition Attorney in Carlsbad, California
If you want to end your co-ownership relationship, but your co-owner disagrees, a partition action is your only option. Our experienced partition lawyers serving Carlsbad have years of experience ending co-ownership disputes in California and can help you unlock the equity in your San Diego County property. For a free, 15-minute consultation with a knowledgeable partition attorney at Partition Lawyer California, call (760) 999-3300 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Carlsbad, California
Our partition attorneys in Carlsbad also serve San Marcos, Vista, Oceanside, Encinitas, Solana Beach, Del Mar, Rancho Santa Fe, Escondido, and La Costa
