Real Estate Services

Resolve Property Co-Ownership Disputes with Confidence

When co-owners disagree about the management, use, or sale of jointly owned property, a partition action can provide a legal path toward resolution. Our attorneys help protect your ownership interests and pursue a fair and equitable resolution.

Overview

Partition Action Attorneys Serving Los Angeles

Jointly owned property can become complicated when co-owners disagree about occupancy, property expenses, rental income, management, or whether the property should be sold.

A partition action allows a court to address these disputes and, when appropriate, order the sale of the property and oversee the distribution of proceeds. Our attorneys provide strategic guidance throughout the process to protect your property rights and financial interests.

The Process

Resolving Disputes Between Property Owners

01

Determine Ownership

Review how the property is titled and identify each co-owner's legal interest before determining the appropriate legal strategy for addressing disagreements involving ownership, management, property use, or potential sale.

02

Document Contributions

Gather records of mortgage payments, property taxes, utilities, repairs, maintenance expenses, and other financial contributions that may affect the parties' respective interests and reimbursement claims.

03

Account for Income

Review rental income and other financial benefits received from the property to help establish the parties' respective financial interests and identify amounts that may need to be considered.

04

File for Partition

Pursue the appropriate legal process to address a co-ownership dispute and seek a court-supervised resolution when the parties cannot agree on the property's ownership or disposition.

05

Resolve Related Claims

Address ownership disputes, reimbursement claims, title issues, financial contributions, liens, encumbrances, and other related matters that may affect the outcome of the partition action.

06

Divide or Sell

Work toward an appropriate resolution that may involve a negotiated outcome or court-supervised sale, followed by division of proceeds according to the parties' respective interests.

BEFORE FILING

Key Considerations in a Partition Action

01

How Title Is Held

Whether the property is held as joint tenancy, tenancy in common, or another form of ownership can affect your legal rights.

02

Financial Contributions

Mortgage payments, taxes, utilities, repairs, and other expenses may be relevant when determining each party's financial interest.

03

Rental Income

Income received from the property can become an important part of the financial accounting between co-owners.

04

Related Claims

Ownership, title, reimbursement, and other claims may need to be addressed during the partition litigation.

PARTITION LITIGATION

What the Court May Consider

A partition action involves more than simply determining whether property should be sold. The financial relationship between co-owners and the property’s ownership history can also be important.

01

Ownership Interest

The court must determine the parties’ respective ownership interests and legal rights in the property.

02

Property Expenses

Records of mortgage payments, property taxes, utilities, repairs, and other expenses may affect the financial accounting between co-owners.

03

Rental Income

Rent collected from the property may need to be accounted for when determining the parties’ respective interests.

04

Title Disputes

Questions regarding ownership or the validity of title may need to be resolved before the property can be properly divided or sold.

05

Legal Fees & Claims

Depending on the circumstances, a party who initiates a partition action may have potential rights concerning recovery of certain legal fees or other claims.