Attorneys.Media | Watch Attorneys Answer Your Legal Questions

Get Interviewed!

Video – Attorney Andre Clark Explains A Partition Action In Real Estate Law

Video – Attorney Andre Clark Explains A Partition Action In Real Estate Law

Ray Hrdlicka – Host – Attorneys.Media

“It’s a partition action, because that is something that came up. And I said, wait a minute. Because is this going to help the resolution of the real estate dispute?”

Andre Clark – Real Estate Attorney – Los Angeles/San Bernardino County, CA

“Yes. So, I almost started to get the definition of partition when I was explaining quiet title. So, partition is when you have two or more owners that own real estate together. You can partition other types of property. But here we’re talking about real estate, and they no longer want to be owners anymore. Co-owners. That’s because one private party wants to sell. And the other party wants to stay and refinance. So, it’s usually a dispute between one party that wants to keep the property and one party that wants to sell.

Well, the partition is a civil action that will… it’s intended to force the sale of the property. You have an absolute right to not be a co-owner with another person, or you don’t even have to have a reason, kind of like a divorce. But there’s different types of partition. Once you file a partition, you can either have a partition by sale, or you could have a partition in kind. A partition in kind is basically… partition as a physical division of the property.

We have a piece of land that’s exactly square, same length on each side, and we can split it down the middle and give each person exactly the same amount. Most properties are not like that. Properties have hills. Properties are not perfect squares. And then, especially if you have a house, you can’t split a house in half. Usually partition by kind doesn’t happen in residential real estate, even in land, unless you have a perfect square, it’s just not going to happen.

So, it’s usually partition by sale, or what they call partition by appraisal. And there’s been a lot of changes in the law when partition by appraisal, giving co-owners the right. The co-owner that didn’t fit a partition, the right to buy the property at fair market value within so many days. But partition by appraisal is, basically, you get an appraisal of the property, and then one party pays the other person off.

But look at partition as basically like a divorce for real estate. And in fact, it happens in family law cases where people get a divorce, sometimes you’ve got to partition the interest that they have in real estate. Well, sometimes people come to me, and they say,

‘hey, I want to do a partition’,

and they found out that their spouse is… and I have to send them to a family law attorney. Only deal with partitions between owners who are not married.”

Subscribe to Our Newsletter for Updates

lawyer illustration

Contact Attorney

Phone: 888-682-2529

Andre Clark has a long history in real estate, starting his career in 2005. He managed hundreds of properties and gained valuable experience in the industry. In 2018, he decided to pursue his passion and become a real estate lawyer. He opened his own firm, the Law Office of Andre Clark, serving clients in four counties in California. His expertise in real estate helps him handle complex contract issues for his high-profile clients. He can draft, review, and enforce contracts with skill and confidence. “I love what I do,” he says. “It’s like solving a puzzle; I find the best solution for each case.” He has achieved impressive results, including winning a Ninth Circuit oral argument in his first year as a lawyer—a decision that was published.

Andre leads a successful law practice with the help of several of-counsel attorneys who join him as needed. Clients appreciate the knowledge and experience that Andre and his team offer, as well as the dedication and attention they give to each case. Andre is also committed to transparency and communication with his clients. He always conducts an audit of each case before taking it on, to help his clients avoid litigation whenever possible. He has earned high ratings on Avvo for his work. “I always listen to what my clients want and make sure I deliver,” he says. “I’m proud to be honest and trustworthy.”


Scroll to Top