Are there any exemptions for the disabled regarding a partition by sale order from the court?

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Are there any exemptions for the disabled regarding a partition by sale order from the court?

I am disabled and jointly own property that the other co-owner wants to sell out from underneath me. This would create quite a hardship for me. Are there any exemptions for the disabled?

Asked on July 11, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

To my knowledge there is no special treatment or exemption for a person who is disabled in a partition sale. When you refer to a "partition sale", I presume you own a pice of real property with some other person or persons and a dispute has arisen as to the property's use or sale between the current owners of record?

If there is an order by a court requiring the sale of the property that you own jointly with another person, the property will then be placed for sale and the net proceeds divided between its owners. Do you have the finances to buy out the other co-owner or take a loan to do the buy out? If you do, then this suggestion might be a viable option to resolve the situation.

Good luck.


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