Oakland, CA asked in Real Estate Law for California

Q: What is a partition action?

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1 Lawyer Answer
Zaher Fallahi
Zaher Fallahi
Answered
  • Los Angeles, CA
  • Licensed in California

A: Generally, when you co-own a real property under the title “Joint Tenancy With The Right of Survivorship” (JTWTRS) or Tenancy In Common (TIC), and for whatever reason cannot get along with other owners, you may petition the court to order division of the property in issues, so that you can do whatever is permitted under laws and regulations with respect to your property. This is called a partition action. This right may be waived for some time under the contract and the ownership legal document. However, it cannot be waived permanently. The California Civil Code reference is (C.C.P. 872.210(a) (2).). Good luck.

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