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  1. #11
    Join Date
    Jan 2006
    Posts
    38,714

    Default Re: Forced Sale with Reimbursement

    I would verify the sol has expired. I’m not sure what this sort of debt would fall under so I would be certain before giving up on it.


    But since you have said you’re willing to give it up, maybe that might be the best thing to do. Just give it to the other party and walk away.

  2. #12

    Default Re: Forced Sale with Reimbursement

    Quote Quoting Blueberrie
    View Post
    Thank you Latigo for your quick response.

    The coowner will not sell to me or buy me out.

    I need to end the partnership. I would like to do it without losing too much money but I can't think of any other option. It's like being stuck in a really bad marriage. She is irresponsible and has no values or respect for the property. She only goes there to drink and party around the campfire.

    What is considered extremely expensive? Are we talking 10,000, 20,000, more?
    You asked earlier whether or not in the distribution of the proceeds of a sale upon partition of the property if the court will take into account the parties' respective investments. (At the outset please be advised that these are complex issue to be properly vetted by your California attorney. My comments are for general information purposes only.)

    The simple answer to the question seems to be appear in Cal.CCP Sec. 872.140:

    "The court may, in all cases, order allowance, accounting, contribution, or other compensatory adjustment among the parties according to the principles of equity." But then there is Sec. 873.820(d):

    "Distribution of the residue (net sale proceeds) (shall be made) among the parties in proportion to their shares as determined by the court".

    The hard questions and those that can't be conclusively answered from our limited perspective are: (1) what are the respective "equities" of the individual owners, and (2) what are the individual owners' "proportionate shares".

    For one we don't know what if any binding arrangements or agreements exist between you two with respect to treating your individual investments. Or whether any are reflected in the deeded percentages of ownership of the property

    If the disparity of the individual contributions to the purchase price (seemingly yours at $45K and hers at -$0-) are not disclosed in the deed - that is, there is no indication of conveying disproportionate interests - presumptively you would each own an undivided one half interest. Then, unless otherwise formally agreed, your $45K could arguably be considered a gift to the cotenancy estate. And likely the same with respect to the $30K permanent improvements added to the joint estate. An argument perhaps augmented by an amorous relationship.

    With regard to the cost of the removing the dead trees. As a rule any expenditures made by a co-owner that are deemed necessary for the preservation and maintenance of the property are to be shared by all co-owners in proportion to their percentage of ownership. But again we aren't privy to those deeded percentages of ownership.

    Then as if the legalities were not already vexing you toss into the hopper this business of a "partnership and how to end it"!

    Although I suspect that the only thing that you regrettably created is an "estate in cotenancy" and not a formal general partnership now needing to be appropriately dissolved and wound-up, again these are matters to be reviewed and examined by your attorney.

  3. #13
    Join Date
    Jul 2019
    Posts
    21

    Default Re: Forced Sale with Reimbursement

    Someone asked if she might get desperate for the money in the future so that I might just sit on it for awhile. The answer is yes. Her life is in constant chaos and she is always messing up her life. Her Mother or I usually pick up the pieces for her.

    I will probably talk to a lawyer as you have all been suggesting. I have a family lawyer that I really like. I completely trust him, but I am wondering if I need to talk to a real estate lawyer.

  4. #14

    Default Re: Forced Sale with Reimbursement

    Quote Quoting Blueberrie
    View Post
    Someone asked if she might get desperate for the money in the future so that I might just sit on it for awhile. The answer is yes. Her life is in constant chaos and she is always messing up her life. Her Mother or I usually pick up the pieces for her.

    I will probably talk to a lawyer as you have all been suggesting. I have a family lawyer that I really like. I completely trust him, but I am wondering if I need to talk to a real estate lawyer.
    Run this suggestion by whomever you choose to consult with:

    1. After making a formal demand you sue the cotenant for her share of the cost of the tree removal.

    2. Upon obtaining a judgment for her share you then cause levy of execution of the judgment against her deeded interest in the property.

    3. At the sheriff's sale you bid in your judgment.

  5. #15
    Join Date
    Jul 2019
    Posts
    21

    Default Re: Forced Sale with Reimbursement

    Quote Quoting latigo
    View Post
    Run this suggestion by whomever you choose to consult with:

    1. After making a formal demand you sue the cotenant for her share of the cost of the tree removal.

    2. Upon obtaining a judgment for her share you then cause levy of execution of the judgment against her deeded interest in the property.

    3. At the sheriff's sale you bid in your judgment.
    I will do that. Thank you!

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