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  1. #1
    Join Date
    Jul 2019
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    21

    Default Forced Sale with Reimbursement

    My question involves personal property located in the State of: California

    I am co-owners on a small (less than 1 acre) piece of recreational property.

    I need to end the partnership with the co-owner. She is simply costing me too much money.

    My question is, is forced sale with re-reimbursement a reasonable option? Any idea on how much it could end up costing in court fees and lawyer fees?

    I have $46,000 invested in the property. $30,000 in a small cabin and $12,000 in removal of dead trees that were a threat to our neighbor's property and their lives. The co-owner has roughly about $4,000 invested in property payments. Would the court consider the difference in investment when they sold it for us?

    Thank you

  2. #2
    Join Date
    Jul 2018
    Posts
    117

    Default Re: Forced Sale with Reimbursement

    Quote Quoting Blueberrie
    View Post
    My question involves personal property located in the State of: California

    I am co-owners on a small (less than 1 acre) piece of recreational property.

    I need to end the partnership with the co-owner. She is simply costing me too much money.

    My question is, is forced sale with re-reimbursement a reasonable option? Any idea on how much it could end up costing in court fees and lawyer fees?

    I have $46,000 invested in the property. $30,000 in a small cabin and $12,000 in removal of dead trees that were a threat to our neighbor's property and their lives. The co-owner has roughly about $4,000 invested in property payments. Would the court consider the difference in investment when they sold it for us?

    Thank you
    If the co-owner will not agree to either (1) one or the other of you buys the other's ownership interest on mutually acceptable terms, or (2) agrees to the listing and sale of the property on the open market, your only legal option is by means of legal process known as partition (See: California Code of Civil Procedure Title 10.5 Partition of Real and Personal Property)

    Unfortunately, partition is a highly complex, time consuming, extremely expensive, paper eating process whereby the property, if not subject to an equitable physical division, is sold at a public auction by a referee appointed by the court (CCP Section 873.520) where the only people bidding will be vultures hoping to steal it.

    So what do you do if the co-tenant refuses either (1) or (2)? The answer is "leverage"! Meaning you hold the financial ruination prospects of an action for partition over her obstinate head! And to which she will have no defense. It should bring her around.

    Also better that the threat is conveyed by your attorney with written words to the effect" "I have been retained to . . . unless . . ." I've never had or known it to fail.

    Good luck

  3. #3
    Join Date
    Jul 2019
    Posts
    21

    Default Re: Forced Sale with Reimbursement

    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?

  4. #4
    Join Date
    Mar 2013
    Posts
    17,943

    Default Re: Forced Sale with Reimbursement

    Latigo's funny. You don't have the leverage, she does. You have $46000 invested, she has $4000 invested. You are 10 times more vulnerable to losing a large part of your investment in a partition sale. Count on paying a lawyer at least $5000 to $10,000. She doesn't have to pay anything. She can just keep on partying while you spend all the money and then the property is auctioned for $20,000 and the check has both names on it. She won't endorse it without getting half so then what? Back to court and more lawyer fees or do you cave and give her half and get on with your life?

    I'm guessing she was a girlfriend who is now an ex-girlfriend.

    Just goes to show you, never get financially involved with a girlfriend. Expensive life lesson from the school of hard knocks.

  5. #5
    Join Date
    Jul 2019
    Posts
    21

    Default Re: Forced Sale with Reimbursement

    I am willing to pay $10,000 to end the partnership. My fear is that it could cost 20,000 or more.

    I am also willing to lose everything I put into it if I can just get my life back and put this all behind me.

    She is a family member. No surprise right? She has been parasiteing off my mother and myself for years. It just needs to end.

    I'm thinking forced sale with "reimbursement" for some maintenance that had to be done. I am hoping that they will sell it and reimburse me off the top and divide between us what is left.

  6. #6
    Join Date
    Mar 2013
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    17,943

    Default Re: Forced Sale with Reimbursement

    Quote Quoting Blueberrie
    View Post

    She is a family member. No surprise right? She has been parasiteing off my mother and myself for years. It just needs to end.
    That would have been my next guess.

    Quote Quoting Blueberrie
    View Post

    I'm thinking forced sale with "reimbursement" for some maintenance that had to be done. I am hoping that they will sell it and reimburse me off the top and divide between us what is left.
    There isn't any "hoping." You'll have to petition the court to award you reimbursement and you will have to prove to the court that you are entitled to reimbursement which, unfortunately, is likely going to require some proof of a contractual arrangement. Otherwise, as far as the court is concerned, a 50/50 ownership is a 50/50 split.

    It's time you started talking to a lawyer and review your options and potential costs.

    You wrote that she refused to sell out to you. Did you just offer the $4000? Did she say, or did you ask, how much it would take to get her to sell? Might be cheaper in the long run to just offer big enough bucks. At least, then, you would still own the property.

  7. #7
    Join Date
    Jul 2019
    Posts
    21

    Default Re: Forced Sale with Reimbursement

    The reimbursement is for maintenance that was required by the housing association. We had over 100 pine trees die do to the bark beetle. The problem was that we have several neighbors all around us with cabins and 5th wheels plus two roads that people walk and drive on. Anyone of those trees could have caused damage to someone else property or even loss of life. I have put over $12,000 into dead tree removal and they are not done dying.

    She owes me about $10,000 in total with back property payments and other things. I'm hoping to at least collect for her share of the tree work. I offered total debt forgiveness and $10,000 in cash.

    The property itself is probably only worth $30,000 not counting my cabin.

  8. #8
    Join Date
    Mar 2013
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    17,943

    Default Re: Forced Sale with Reimbursement

    Quote Quoting Blueberrie
    View Post
    I offered total debt forgiveness and $10,000 in cash.
    That was generous. Is there any chance that she may become financially desperate at some future date if you put this on the back burner for a while?

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Forced Sale with Reimbursement

    Is there a loan/mortgage on the property?


    have you considered suing the other owner for their share of the maintenance contribution that you have paid and any other costs you have paid that are shared costs?


    something sounds odd. The lot is less than an acre and you have removed over 100 pine trees and there are more remaining? The 100 means there was one for just about every 20x20 area. You have a cabin and there are trees remaining so there had to be less area for each tree. Seems a bit crowded.

  10. #10
    Join Date
    Jul 2019
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    21

    Default Re: Forced Sale with Reimbursement

    It was crowded. We only have cedar trees left. I would say there are probably another 100 cedars left, at least. There are so many it is hard to count them accurately.

    I have thought about suing but I am told the statute of limitations is up. It will have been 3 years this November for the first round of trees that came down. The first round cost $10,500. I have been taking them down as they die.

    The property was paid off many years ago.

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