disagreement in selling a co-owned home in a domestic partnership

[socal225]

Then they were NOT in a domestic partnership. They are going to have to figure this out like any other two unrelated people who purchase property together. It may require a partition suit. Your friend will want to see an attorney.

So in CA what are they considered in legal terms?

 

[Zigner]

So in CA what are they considered in legal terms?

Two unrelated people who purchased a home together.

I thought I already said that...

 

[socal225]

Two unrelated people who purchased a home together.

I thought I already said that...

Got it. i did read that just wanted to be clear. Thanks!

Is there any website where we can view any precedents?

I did read up a bit on partition cases in CA. what would be an example where the court would find it to be more equitable to sale the property?

872.810. The court shall order that the property be divided among
the parties in accordance with their interests in the property as
determined in the interlocutory judgment.



872.820. Notwithstanding Section 872.810, the court shall order
that the property be sold and the proceeds be divided among the
parties in accordance with their interests in the property as
determined in the interlocutory judgment in the following situations:
(a) The parties agree to such relief, by their pleadings or
otherwise.
(b) The court determines that, under the circumstances, sale and
division of the proceeds would be more equitable than division of the
property. For the purpose of making the determination, the court may
appoint a referee and take into account his report.



872.830. If, in making a determination whether sale would be more
equitable than division of the property, the court finds that sale
and division of proceeds for part of the property would be more
equitable than division of the whole property, the court may order
that such part be sold and the remainder divided.

 

[Zigner]

Got it. i did read that just wanted to be clear. Thanks!

Is there any website where we can view any precedents?

I did read up a bit on partition cases in CA. what would be an example where the court would find it to be more equitable to sale the property?

No. There's no use in giving you any further information. Your friend NEEDS to see an attorney. This is not a do-it-yourself project.

 

[socal225]

No. There's no use in giving you any further information. Your friend NEEDS to see an attorney. This is not a do-it-yourself project.

Ok. Thanks for the help.

I will let her know.