How long does the process take from beginning to end get an order when you file a complaint for partition of real property?

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How long does the process take from beginning to end get an order when you file a complaint for partition of real property?

I am a co-owner of a single-family residence which is under water. I want to sell and my partner does not want to sell. She has a deed quit claiming 50% interest to her. The loan on the property is in my name. I want to sell to avoid foreclosure and to avoid ruining my credit.

Asked on October 5, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In most counties in the State of California, the court system is pressed under mandated requirements to have most lawsuit sent to trial within one year of the filing. However, due to California's budgetary crisis, the lack of civil court rooms and criminal matters taking precedence for trial under the Consitutional right to a speedy trial, many civil lawsuit such as your partition action are getting delayed beyond the one year time period to bring an action to trial unfortunately.

In the meantime, although you really cannot sell the property at this time due to the fact that the other owner does not wish to sell, perhaps mediation for the dispute is a means to try and resolve it in the near future.

Good luck.


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