Substantial Experience in Partition Actions
A partition action may become necessary in cases where there are multiple owners of a parcel of real property who cannot agree on how it should be operated and maintained, or whether it should be sold. Partition actions can be resolved in multiple ways. It is important that you have representation from an attorney with the ability to ensure that the method of resolution is in your best interests.
Understanding California Partition Actions
Generally speaking, there are two primary methods of dividing property in a partition action:
- Partition by sale: In a partition by sale, the entire piece of property is sold and the proceeds divided among the owners proportionate to their ownership stake. This is the most common method.
- Partition by division: In a partition by division, the land is divided into parcels, which are split among the owners. The owners receive parcels that give them a share of the land equivalent to their ownership stake. This method is generally not available in urban areas.
Attorney LaTorraca has almost 50 years of legal experience in all aspects of partition matters from filing the initial action with the court to determining the need for and selection of a referee. He works closely with his clients to understand their goals and concerns as well as the opposing views of the other owners. He determines the best partition method for his clients’ situation and builds a sound argument in support of their objectives.
Property Disputes That Can Lead To A Partition Action
Partition cases often begin with a practical problem, not a legal phrase. A property owner may know that something has to change, but they may not know that a partition action is the court process used when co-owners cannot agree on whether to keep, sell or divide real estate.
These disputes usually arise in situations such as:
- Inherited property: Siblings or relatives may inherit a family home but disagree about whether to sell it, live in it or rent it out.
- Unmarried couples: After a breakup, both names may remain on the deed even though one person wants to move on financially.
- Business partner disputes: Co-owners of commercial property may no longer share the same investment goals or may need to divest.
Attorney Henry B. LaTorraca helps property owners understand whether negotiation, a buyout or court-ordered partition may be the right next step.
What Does A Partition Referee Do?
In many partition cases, the court may appoint a partition referee. This person acts as a neutral third party who helps carry out the court’s orders. The referee may:
- Evaluate the property
- Coordinate a sale
- Report back to the court
- Oversee other steps needed to divide the parties’ interests.
The referee’s role can be crucial when co-owners no longer communicate well or when one party does not trust the other to handle the sale process fairly. Because the referee reports to the court, the process may become more structured and transparent.
The firm understands that a partition case is not just about asking the court for a sale. It also involves procedure, deadlines, documentation and careful attention to how the final distribution should be handled.
How Courts Address Payments, Repairs And Rental Income
A partition action does not always mean the sale proceeds are divided equally. The court may also review accounting issues to determine whether one co-owner should receive credit or whether another should reimburse the property.
These issues may include:
- Mortgage payments and property taxes: If one co-owner paid these expenses alone, he may seek credit before the proceeds are divided.
- Necessary repairs or improvements: The court may consider whether repairs preserved the property or increased its value.
- Rental income: If one co-owner collected rent, the court may examine whether that income should be shared or offset against expenses.
These financial details can significantly affect the final outcome. Attorney LaTorraca knows how to help clients identify the records, receipts, payment histories and other documents that may support a fair accounting.
Contact the Law Office of Henry B. LaTorraca
The Law Office of Henry B. LaTorraca invites prospective clients to contact the firm’s Long Beach, California, office at 562-620-2412 for an initial lawyer consultation regarding the partition of property.