Legal Representation For Joint Property Ownership Issues
Joint ownership of property can be an excellent investment. It can also be a source of tension and sharp disagreement leading to legal dispute.
You deserve an experienced lawyer to help you understand your rights in the face of a property dispute. Residential and commercial property owners in Concord and throughout the East Bay depend on the experienced legal counsel of real estate attorney Chris Lucas. With 35 years of experience in the real estate and construction industry in California, and significant success litigating high-stakes disputes, Chris can help you.
Learn More About Partition-By-Sale Actions In California
State law allows for the division of property interests called a partition action. This is available to individuals who have a joint tenancy, which is the legal term for joint, undivided ownership interest in real property.
Unless parties have explicitly waived the right to a partition action, any joint owner of a piece of property can initiate a partition action through the courts. Situations where one or more owners might seek judicial partition of property include:
- Unmarried partners who jointly own a home and are separating or cannot agree on improvements to the property
- Individuals who inherit interest in a property and do not wish to maintain it
- Business partners who decide to go their separate ways
While partition actions most commonly involve real property, they can also involve other types of property, such as the assets of a business partnership.
Chris Lucas represents clients at every stage of partition action proceedings, ensuring that their interests are given due consideration by the judicial referee, who is appointed by the court and is responsible for overseeing the process. In some cases, it may be possible and advantageous to reach a partition settlement to minimize the need to litigate, but in every case Chris is ready to act aggressively to ensure that clients are not disadvantaged at the end of settlement negotiations or a judicial sale.