Camarillo, CA asked in Child Support, Real Estate Law and Tax Law for California

Q: Sale of Property - Title parties disagree

Sorry, I'm sure this is not an original question, but here it is.

My name is listed as one of two on the deed of a property. There are no banks nor outside liens against the property. Party Two physically lives on the property, while Party One (me) would like to live there. However, past practice cautions that Party Two is not above alleging false and criminal legal action against party One. Such fraudulent reports have worked out extremel/y well for party two in the past.

A false-fact-based, emergency restraining order request of two against one was granted, however, never served, and thus vacated as non-actionable by the courts. This occurred over two years ago.

My real question is, what do I have to do to force a sale of the property, retrieve my equity, and be done with it?

1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
  • Mill Valley, CA
  • Licensed in California

A: You can file a court action for "partition". The court will order the sale of the property (assuming physical division is not appropriate). Often, once such an action is filed (sometimes just after getting an attorney letter that filing is imminent) parties will work out a settlement where one buys out the other.

2 users found this answer helpful

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