If I Force My Co-Owner of a California Property to Partition by Sale, Do They Have to Pay the Legal Costs?

Question from Peaches, If I Force My Co-Owner of a California Property to Partition by Sale, Do They Have to Pay the Legal Costs?

Answer from AI:

In California, when co-owners of a property cannot agree on how to divide or sell the property, one co-owner can file a lawsuit for a “partition by sale.” This legal process involves selling the property and dividing the proceeds among the co-owners. However, the question of who pays the legal costs can be complex.

Understanding Partition by Sale

Partition by sale is a legal remedy available to co-owners of real property who cannot agree on the use or disposition of the property. Under California law, specifically the California Code of Civil Procedure (CCP) Sections 872.010-874.240, a co-owner can file a partition action to force the sale of the property.

Legal Costs in Partition Actions

When it comes to legal costs in a partition action, the court has the discretion to decide how these costs are allocated. Here are some key points to consider:

• Equitable Distribution: The court aims to distribute the costs equitably among the parties. This means that the costs are typically shared proportionally based on each party’s ownership interest in the property.
• Attorney’s Fees: According to CCP Section 874.010, the court may order that reasonable attorney’s fees incurred for the common benefit be paid out of the proceeds of the sale or by the parties in proportion to their interests.
• Other Costs: Other costs, such as appraisal fees, court fees, and costs of sale, may also be divided among the co-owners.

Steps in a Partition by Sale Action

If you are considering a partition by sale, here are the typical steps involved:

1. Consult an Attorney: Given the complexity of partition actions, it is advisable to consult with a legal professional who specializes in real estate law.
2. File a Complaint: The process begins with filing a complaint in the appropriate California Superior Court.
3. Serve the Co-Owner: The co-owner must be served with the complaint and given an opportunity to respond.
4. Court Proceedings: The court will hold hearings to determine whether a partition by sale is appropriate and how the property should be sold.
5. Sale of Property: If the court orders a sale, the property will be sold, and the proceeds will be divided among the co-owners after deducting costs and fees.

When to Seek Legal Advice

Partition actions can be legally and emotionally complex. It is crucial to seek legal advice to understand your rights and obligations fully. A legal professional can provide personalized advice based on the specifics of your case.

Additional Resources

For more information, you can refer to the following resources:

• California Code of Civil Procedure Sections 872.010-874.240
• California Courts Self-Help Center

Remember, while this information provides a general overview, it is not a substitute for professional legal advice. Always consult with a qualified attorney to address your specific legal needs.