QUESTION

If I want to partition jointly owned property, how long is the process going to take?

Asked on Mar 21st, 2012 on Child Custody - California
More details to this question:
I need to know how long (from initial filing to Decision) the partition of real estate takes on average, assuming no extenuating circumstances. Whether undisputed or some minor disputes, I just need to know the average length of time it takes.
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Answered on Jul 02nd, 2013 at 12:36 AM
It depends upon the venue of the case and the complexity how many people are going to be parties?

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Answered on Jun 02nd, 2013 at 7:39 PM
Yes - you may need an attorney.

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Answered on Mar 29th, 2012 at 5:55 PM
There is no average length.

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Answered on Mar 23rd, 2012 at 10:55 AM
Legal actions to partition real estate can be complex if there are disputes between the owners. I have to assume that disputes exist or else a court action would not be necessary. In Washington state, the court process will take between 12 and 18 months.

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Answered on Mar 22nd, 2012 at 7:37 PM
30 days to many years depending on the parties to the partition.

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Answered on Mar 22nd, 2012 at 10:05 AM
As a rule a Partition action will take about one year to get to trial from the time of filing the complaint. Most Partition actions settle along the way. Sometimes within a month sometimes on the eve of trial. We have filed, and defended multitudes of Partition cases. When you are dealing with fragile economic issues, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life!

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Answered on Mar 22nd, 2012 at 9:56 AM
You don't provide enough information to accurately assess the issues or problems that might be involved, so an estimate of how long it takes would be pure speculation. Generally, it is unusual for any legal proceeding to take less than 6mos to a year and possibly much longer. You need to talk to a real estate attorney who can better assess the situation after learning more about the property and why you want to partition it.

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Answered on Mar 22nd, 2012 at 7:02 AM
A petition for partition can take 6 months to one year if ordered sold at the courthouse. The parties can always decide to sell through a realtor and the time will depend on when a buyer makes the offer.

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Answered on Mar 21st, 2012 at 5:10 PM
A civil lawsuit progresses very differently depending on what county you are in. Call the county clerk where you are and ask how long before you can be in trial in a civil suit. A partition action is a civil suit.

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Answered on Mar 21st, 2012 at 5:09 PM
Depending on the court's docket you are probably looking at between 4-6 months to sue, set a trial, and try the case.

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Answered on Mar 21st, 2012 at 4:39 PM
If no agreement, it will take as long as judge takes to hear the issue.

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Answered on Mar 21st, 2012 at 4:08 PM
An action to divide community property is resolved via the trial court in a dissolution action. That is done at trial and it depends on the county in which you file as to how quickly you can get a trial date.

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Answered on Mar 21st, 2012 at 3:40 PM
A partition action is a standard civil case. The court usually handles such matters within 1 year to 18 months. However, depending upon where you live the state's budgetary woes may lengthen that time frame. You can shorten the process by being open to using alternative dispute resolution procedures such as mediation or arbitration.

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Answered on Mar 21st, 2012 at 2:49 PM
If undisputed about 4-6 months. If disputed at least a year.

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Answered on Mar 21st, 2012 at 2:49 PM
You will file in the chancery division. Usually cases filed here move far faster than cases filed in either family or the law division. Assuming consent to partition or default, it could take sixty days.

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