QUESTION
Do you need to use a lawyer to partition a Superior Court to sell property in multiple names when 1 person does not want to sell?
Asked on Jun 26th, 2017 on Real Estate - California
More details to this question:
Do you need to use a lawyer to partition a Superior Court to sell property in multiple names when 1 person does not want to sell?
2 ANSWERS
Yes. I am currently defending against a partition lawsuit. It is slow, complicated and expensive. Previously, I have always been able to convince the reluctant party to go along with a sale, because so much of the money from the sale ends up going to the court-appointed referree, expert witnesses and the lawyers. Also, the market tends to lower the price of partition properties, for several reasons. The threat of theses consequences of making the owners who want to sell, go to court, should persuade the reluctant owner to go along.
Dana
Answered on Jun 27th, 2017 at 4:30 PM
Land Use and Planning Law Attorney serving Sacramento, CA
Partner at
Abbott & Kindermann, Inc.
1 Award
The situation requires a judicial proceeding. I recommend that you use an attorney rather than represent youself. If the parties have an agreement which dictates when and how the property asset is to be managed, the agreement typically will be controlling.
Answered on Jun 27th, 2017 at 9:54 AM
This response should not be construed to be formal legal advice by Abbott & Kindermann, LLP, or the formation of a lawyer/client relationship.