Partition Action Lawyer for California and Texas Property Disputes
Co-owning real estate can create difficult legal and financial questions when the owners no longer agree on what should happen to the property. A partition action may provide a legal path for resolving the ownership dispute when the parties cannot reach an agreement on their own.
LloydWinter, P.C., represents property owners in California and Texas who need help evaluating their rights and determining how to move forward with a partition action. Learn more about your options by scheduling a consultation with our partition attorney.
Table of Contents
Have a case? Tell us about it.
What Is a Partition Action?
A partition action is a court proceeding used to divide jointly owned property when co-owners cannot come to an agreement about what to do with the property. These cases usually involve people who share an ownership interest in real estate, not a landlord-tenant relationship.
The appropriate outcome depends on the property, ownership arrangement, and which state the property is in. If it’s possible and practical to do so, the court may order the physical division of property. In many cases, the court may order a sale, and the proceeds are distributed among the owners.
When a Co-owner Can File a Partition Lawsuit
A partition lawsuit may be an option when co-owners reach an impasse over property they own together. Examples include:
- Former unmarried couples who purchased a home together
- Siblings or other family members who inherit real estate
- Investors or business partners who purchase real estate together
- One owner wanting to sell and one owner wanting to stay in the property but not having the funds to do so
- Serious disagreements about mortgage payments, taxes, repairs, or improvements
A partition action may also address financial disputes arising from ownership. This may happen if one owner believes they should receive credit in a sale for paying an unfair share of expenses.
Can One Co-owner Force the Sale of a Property?
In many situations, a co-owner can file a partition action even when the other owner does not want to sell. While a forced sale is one potential outcome, it isn’t the only outcome. Depending on state law, the court may also physically divide the property, or the parties may resolve the dispute through a negotiated buyout.
Have a case? Tell us about it.
How a Partition Action Works
Specific procedures vary between California and Texas, but a partition action generally starts when one co-owner files a lawsuit that identifies the property in question and the parties’ respective ownership interests.
The other owner (or owners) can then respond. The court may determine each party’s interest, consider disputed financial claims, and determine how property will be divided.
Physical division may be feasible and legal in certain situations, such as with vacant land. If division is impractical or inappropriate, the court may order a sale.
Partition actions can still settle before a court-ordered division or sale.
Accounting for Mortgage Payments, Repairs, and Improvements in a Partition Action
Calculating each party’s share may involve more than looking at who is listed on the deed and how much they own. Depending on local laws, the court may look at issues involving mortgage payments, property taxes, necessary repairs, rental income, and other property-related expenses or income.
When you speak with a partition action attorney, it helps to gather records of property-related expenses that may affect the division of the property.
Partition Action in Texas
Texas law allows a joint owner or claimant of real property to file a partition action. Courts may order physical division when a fair and equitable division can be made. If it cannot, the court may order its sale and divide the proceeds. There are also specific protections and procedures in place for qualifying heirs’ property, including valuation, buyout opportunities, and partition.
Partition Action in California
California partitions are governed by California’s statutory partition procedures. Like Texas, California recognizes physical partition and partition by sale. State law also allows the court to allocate certain costs of partition to the involved parties. Additional rules may apply when inherited family property is involved.
Why Hire a Partition Attorney at LloydWinter?
Partition disputes combine real estate ownership issues, financial disagreements, and litigation strategy. We work with property owners to evaluate all aspects of their case to pursue the most favorable outcome. Our partition action lawyers review ownership records, analyze contributions to property, identify potential reimbursement claims, and determine potential partition remedies. When possible, we also explore solutions like negotiated buyouts, voluntary sales, and other settlements.
