Las Vegas, NV asked in Real Estate Law for California

Q: My uncle and his girlfriend bought a house together about 4 years ago. He wants to sell but she doesn't. What can he do?

Yes the property is in California. What steps does he need to take to start the process? Especially since his funds are limited.

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2 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Mill Valley, CA
  • Licensed in California

A: Assuming the property is in California, he can file a court action for "partition". In this type of court proceeding, the court divides the property according to the interests of the owners, sometimes adjusting their shares. Most of the time this is accomplished by a court-ordered sale and division of the sale proceeds. Sometimes just the threat by a lawyer to bring such a case will stimulate settlement discussions.

1 user found this answer helpful

Vincent Gallo
Vincent Gallo
Answered

A: He can bring what is referred to as an action in partition to force the sale of the real estate.

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