Understanding a Partition Action in Santa Clarita

Understanding a partition action in Santa Clarita can be very confusing, especially when there’s a disagreement on whether or not to sell. Here are our best tips for handling a partition:

Do you need to file a partition action in Santa Clarita? One of the most common situations that requires a partition action occurs when siblings inherit a jointly-owned property, and they cannot agree on the sale of the property. Additionally, another common situation that can require a partition action is when, during a divorce, a couple cannot agree on the sale of their jointly-owned property. 

In these scenarios, which can often create new conflicts and confusion, it’s extremely helpful to understand the basics, and where expert advice can help. 

What’s a Partition Action?

If you own the property with another person or family member, such as a sister or dad, and there’s a disagreement on when to sell it, then one of the options to force a sale is a partition action. 

Perhaps a loved one’s passing meant a family home is being passed on to you and your siblings. Often these situations can be resolved amicably, especially among loved ones, if one party should desire to be bought out by the other, or vice versa.

But in the unfortunate scenario where the matter can’t be resolved amicably, then a hearing for a partition action can be requested.

“For example, if three siblings inherited a house from their parents, and one sibling wanted to sell, the first step that sibling could take is to offer a buyout,” explained Steffanie Stelnick, Founder of The Law Offices of Steffanie Stelinck with locations in Santa Clarita and Encino. “Now, if the other siblings refuse, at this point, the only way to resolve that dispute is through a partition action.”A partition action forces the sale of a jointly-owned property through a lawsuit, in order to resolve a situation where multiple people are on the title. In doing so, the action does not create a new title, but instead allows the court to divide the property between interested parties equitably.

How Do You Avoid a Partition Action?

“To avoid a partition action, all the property owners must come to an agreement about the sale of the property,” Steffanie explained. “They can agree to a buyout, transfer interest to allow a sale, or sell the property with you. The bottom line is: You all have to agree on the same terms to sell the property.” 

Ideally, it’s best to communicate with the other owners to explain your reasoning for selling the property. An experienced real estate attorney can help with this part of the process, even if a partition action is never needed. 

Additionally, there’s a litany of scenarios in which a quiet title action can be used, and they’re often used to establish legal ownership, remove an adverse party or interest from an ownership claim or otherwise address a concern that could impact ownership. 

Ultimately, if you’d like to sell a property and one side is refusing to negotiate, then you might have to sue to force a sale.

Learn more about partition actions with this video featuring Steffanie Stelnick.

How We Can Help

If you do decide to pursue a partition action in Santa Clarita, it’s absolutely crucial to consult your attorney, so you can understand your options with respect to the property. 

“Your real estate attorney should also clearly and effectively outline the path toward a best-case scenario – and what that looks like for you,” explained Steffanie, who was named Litigator of the Year for 2020 by the American Institute of Trial Lawyers.

Partition actions can be complex, and the laws can vary slightly from state to state. That’s one of the reasons why it’s a good idea to let the experts at The Law Offices of Steffanie Stelnick help you with understanding your questions and concerns, which will be crucial to protecting any interests you may have with respect to a shared property.

If you are in need of a free consultation to find out the best course of action for your jointly-owned property, please contact a Santa Clarita real estate attorney at our firm today.

About The Law Offices of Steffanie Stelnick

 The Law Offices of Steffanie Stelnick is a full-service civil litigation law firm in California that focuses on real estate law, with cases in estate planning, probate, landlord and tenant disputes and contract disputes. Mrs. Steffanie Stelnick represents builders, small and large property management companies, investors, brokers and all types of real property owners. In 2020, she was recognized by the American Institute of Trial Lawyers as Litigator of the Year. Mrs. Stelnick believes all landlords and tenants should know their rights, and when it comes to representation, experience matters. The Law Offices of Steffanie Stelnick has handled thousands of real estate cases with a strong, aggressive approach that ensures all clients operate on an even playing field in a litigation environment. Founded in the Santa Clarita Valley, this premiere real estate law firm has offices throughout the state of California, including Encino, San Francisco and Sacramento.