PARTITION AND THE LAW - Masterclass by Al Nicoletti, Esq

[@TheHomeHandyman]

very informative video you did on filing for partition. My situation is this: My brother and I own a home (California) which is free and clear. I want to sell and he does not. He refuses to buy me out and said I will never get his signature on anything and that I am stuck. However, I have given him 2 months to decide and have looked into the suit for partition and lis pendens and thought i would file it myself. Again, I found that this would be a mistake and I need to use a atty that specializes in these types of cases (due to details in the filing and it is not as simple and stratight forward as one may think). Also, I searched the cost of this using a atty and it would be very costly (10-14k). I am wondering if there is a less expensive way to handle this because I doubt it will go all the way thru and he will settle with some type of agreement prior. My suggestion would be to get the appraisal and list it and at that point he can buy me out or it can be sold. I do not like the auction part just as a side note. Wondering if you can share your thoughts on this ?

[@AlNicoletti]

Hello, apologies for the delay. Where are you located?

[@TheHomeHandyman]

Palm Desert - California@@AlNicoletti

[@AlNicoletti]

@@TheHomeHandyman Unfortunately I only practice in Florida. But I agree, for a partition you will need to find an attorney who specializes in them. It can't hurt to get a professional consult on the matter!

[@TheHomeHandyman]

Agree - Thanks for the reply

[@robmartin217]

Great Video

[@ermaveep]

So..parties are entitled to reimbursement of expenses…but what about when one heir has been renting out the property as a short term rental and keeping 100% of the income? Would those earnings be credited to the other owners/debited from the earning sibling for equitable distribution?

[@sakeenahm]

Thank you so much for all of this info! The court has designated me as mediator in a partition action and your video is helping me prepare. Much gratitude.

[@AlNicoletti]

So happy to help!

[@Xavier-sd1bm]

What is the property worth? How much is your portion worth? 50 acres of land and it's value? Can you sell your interest to the partitioner? Trying to force the family to reimburse them for property taxes and upkeep and people were not aware of their interest in the property...

[@Xavier-sd1bm]

Never heard of partition and no negotiation from the otherside before the action was filed...numerous family involved...its ridiculous... blindsided

[@sh2668-k2p]

What about if both tenants want to buy the other out but neither agree who will buy each other out? I think partition the sale is the only way out

[@brucemyall6139]

Non married co owners. 2nd name on deed wants to partition but lawyer wants too much to initiate so 2nd is going to file on his own by buying at court for 40 dollars a court helper to make sure paperwork is correct. So far it's under 500 dollars?

[@robmartin217]

Considering buying a 2 Family with girlfriend( my first home purchase) she needs my income as well to qualify for mortgage. What is the smart way to structure title, deed, mortgage..etc if at some point I want out?

[@brucemyall6139]

How do you sell your interest without permission from co owner? Especially when co owner won't sell

[@paolabisoneaux4056]

Horrible intro music 😒

[@dewzig]

I need a partition lawer in Fort worth Texas - Can someone refer me one

[@brucemyall6139]

300k equity left in house on this case

[@joburke10]

What is other similar expenses?

[@judithtemblor1329]

I don't want to sale.we are two unmarried

[@Xavier-sd1bm]

No one was aware of their interest in the property....never disclosed....now claiming property taxes and upkeep with no supporting evidence

[@Xavier-sd1bm]

Unclean hands