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Is a petition for partition the right action for me during or after a California probate administration?

Under California law, an action for partition is available to co-owners of property who want the court to divide real estate in an equitable manner among the parties. California probate or trust administrations often result in real estate being owned by multiple parties who otherwise would not choose to purchase or own property together. When this happens, the estate is ripe for disputes. If you are the co-owner of property as a result of a California probate administration and are not happy with the ownership arrangement, contact a San Diego probate attorney immediately for assistance.

When considering whether an action for partition is right for you, carefully assess the following questions:

  1. First of all, are you disputing the executor’s division of the property?
  2. Furthermore, are you disputing the division of proceeds from the sale of property?
  3. Are you disputing the right of another co-owner to sell the property?
  4. Additionally, do you have an interest in the property?
  5. Is there anything in the will or the trust of deceased that addresses the issue of partition?
  6. Are you in disagreement over how the property is being used?

To learn more about how a California estate litigation attorney can help you, view our article, What Is the Role of an Attorney in a California Trust Litigation Matter.  For more information about a petition for partition and other trust or estate litigation issues in California, contact an experienced San Diego probate litigation lawyer today. Call our toll-free number at (888) 443-6590 for a consultation. It would be our pleasure to further assist you.

Executor (noun):

Person named in a Will as the person who will make sure that the instructions in the Will are followed. They are responsible for executing the Will, and are either appointed by the court or by the deceased person. They are responsible for taking care of a deceased person’s financial obligations. Financial obligations include disposing of property and paying bills and taxes. The executor must also make certain that the deceased last wishes are carried out according to the Will.

Litigation (noun):

Litigation is the act or process of bringing a lawsuit to enforce a particular right. This can include Will contests, Trust Litigations, and Probate Litigation.


Scott Grossman

Scott Grossman


The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307

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