Q: Hello, I’m looking for an attorney who can assist me with doing a partition action sale of our property. Thank you
We own 5% of the property in the house deed but have a loan of $287,000 under my name and father-in-law. He doesn't want to take my name off the loan nor wants to pay out 5%.
A:
Thank you for your question!
You can bring partition action to sell the property and distribute the proceeds of the sale. Also, a real estate attorney needs to evaluate if other remedies such as quiet title are available to you.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.
A:
To address your situation under California law, you can file a partition action to force the sale of the property. This legal process allows a co-owner to request the court to divide the property or order its sale, with proceeds distributed according to ownership interests. Given your 5% ownership, you have the right to initiate this action even if your father-in-law is uncooperative.
Since you have a loan under your name, resolving this debt will be part of the process. The court may require the loan to be paid from the sale proceeds before any remaining amount is divided among the co-owners. It's essential to gather all necessary documentation and evidence of ownership and the loan details to support your case.
Consulting with an attorney experienced in partition actions will help you navigate this process effectively. They can assist you in filing the necessary paperwork and representing your interests in court. This approach will ensure that your rights are protected, and a fair resolution is achieved.
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