Moreno Valley is the second largest city in Riverside County, and was named Moreno, Spanish for brown. As a relatively new community, not incorporated until , many citizens have flooded the area and ventured into joint ownership of property.
Shared real estate ownership, however, sometimes leads to problems and headaches arising from disagreements between co-owners. In these times, speaking with a Moreno Valley Partition Lawyer is critical. An experienced Moreno Valley Partition Attorney find partition actions to be the best remedy for fighting co-owners in four broad categories:. A partition action is a lawsuit brought by a property owner seeking the court to force the sale of a jointly owned piece of real property. Typically, partition actions occur when co-owners of real estate have disputes about its ownership and use, and one of them seeks to end their ownership interest.
That is, a partition action has no other purpose than to sever the unity of possession between cotenants in a piece of real property. Rancho Santa Margarita v. Vail 11 Cal. Currently, partition actions are governed by the provisions set forth in the Code of Civil Procedure section These statutes set out a general process by which a property may be partitioned.
For example, if two siblings inherited ten acres of farmland, the property could historically be divided into five acres a piece for each of them. Broadly, a partition action has only relatively simple steps.
First, a party files a lawsuit to establish their rights to the property and desire to sell the property. Second, the court determines that the property should be sold, and appoints an appraiser to appraise the property and offer the other owner the opportunity to buy out the interest. Generally, anyone considering filing a lawsuit should consider all of their alternatives, including an informal resolution of the problem. This can take the form of a discussion with the other owner or owners about agreeing to sell the property, negotiating with the co-owner to create a formula to divide the proceeds from the sale, or retaining a lawyer to engage in a mediation with the other owners.
