If you are involved in a real estate construction, co-ownership, purchase/sale, lease, or HOA dispute, and would like to discuss your situation with an experienced real estate attorney, you have come to the right place. Counts Law Firm Real Estate Attorneys assist companies and individuals, including property owners, investors, general contractors, subcontractors, architects, brokers, and architects.
If you purchased, inherited, and/or own real estate with a family member, friend, or business partner, you may want to buy-out the other person, or you may want to sell the property to: (1) pay off any mortgages, liens, and property taxes, (2) reimburse investments for down payments, mortgage payments, taxes, renovations, and repairs, and (3) cash out each co-owner’s share of the net proceeds. When property is co-owned, there are many different circumstances that create the need to sell or divide real estate, such as disagreements over the best use for the shared property or changes in the relationship of the co-owners. The legal term for this division is “partition.” To initiate a partition action, an attorney for our office files a complaint in the county in which the property is located. Once the complaint is filed, a Notice of Pendency is recorded with the County Recorders Office. This notifies anyone interested in the property that a legal action is in process. Each co-owner of real estate generally has a right to have the real estate bought-out or sold, even if another owner is against partition. If you file a successful partition lawsuit under C.C.P. 872.210, you may also be entitled to reimbursement of attorney fees from the proceeds of the buy-out or sale.
Our legal assistance in clearing your title may include revising your deed, a “quiet title” lawsuit to establish your ownership, or a “constructive trust” so that property that someone is wrongfully holding is transferred back to you. Additionally, we can record a “lis pendens” when your lawsuit is filed to help to prevent it from being sold while the lawsuit is being resolved.
If you are having a co-ownership dispute or simply looking to make a change in the ownership of a piece of real estate, do not hesitate to contact Counts Law Firm. Emahn Counts is an experienced Los Angeles real estate attorney who has years of experience in handling all types of real estate litigation matters. Emahn Counts gets to the heart of the ownership issue, works with clients to efficiently resolve it and will assist you throughout the process.