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Title Disputes When One Party Doesn’t Want to Sell

Law Office of David J. Hollander March 18, 2024

Title disputes often arise from disagreements among co-owners, heirs, or between sellers and buyers, leading to a standoff that can feel insurmountable. One reason a title dispute can occur is one party being unwilling to sell. Even though it can feel like an impossible situation, with the right legal guidance and understanding of the dispute resolution methods available, finding a mutually-acceptable solution is attainable.  

Whether you're grappling with inherited property complications, co-ownership disagreements, or any other title-related challenge, there's a path forward that can protect your interests and relationships.  

The Law Office of David J. Hollander represents clients in San Diego and throughout San Diego County. Reach out today if you're facing a title dispute of any kind.  

Understanding Title Disputes  

Title disputes happen when a disagreement arises regarding the ownership or terms of a property's title, frequently occurring within the process of real estate transactions. These disputes can present significant challenges due to the property laws, rights, and historical documentation involved.

Resolving such disputes often requires a thorough examination of legal records and historical documents and may involve legal proceedings to reach a resolution. Title disputes frequently necessitate the guidance of a real estate attorney, like David J. Hollander, who can help you through the situation and ensure the protection of your legal rights.  

Common Causes of Title Disputes  

Title disputes commonly arise due to a variety of reasons.

One frequent cause is when a co-owner of a property refuses to sell their share, leading to discord among the owners.

Disagreements over the interpretation of the terms and conditions of a property title can also lead to disputes.

Conflicting claims to ownership, such as when multiple parties claim a valid right to the property, can further complicate matters, especially when coupled with issues like boundary disputes, easement disputes, or undisclosed defects. 

Moreover, title disputes can escalate due to discrepancies in documentation, unclear historical records, or fraudulent transfers. In some cases, disputes may arise from errors in the legal description of the property, creating confusion and contention among involved parties.

Additionally, changes in zoning regulations or land use restrictions can trigger disagreements over property rights and titles, adding layers of complexity to the resolution process.  

The Partition Process  

When a co-owner refuses to part with their share of a property, a legal procedure known as a partition action can be invoked to resolve the dispute. This process involves dividing the property legally between the co-owners.

There are two types of partition: partition in kind (which physically divides the property) and partition by sale (which sells the property and splits the proceeds among the co-owners). The exact process and requirements for partition can vary based on jurisdiction, emphasizing the need for legal counsel.  

Legal Rights of Each Party  

In a title dispute where one party doesn't want to sell, it's crucial to thoroughly comprehend the legal rights of all parties involved.

Typically, each co-owner holds the entitlement to possess and utilize the property, subject to any existing agreements or restrictions.

However, when it comes to selling the property, it may necessitate the unanimous consent of all co-owners involved.

Seeking guidance from knowledgeable real estate attorney David J. Hollander can offer valuable insights and clarity on the legal rights and responsibilities of each party entangled in a title dispute.  

How to Resolve a Title Dispute  

Resolving a title dispute when one party doesn't want to sell can be a long process involving negotiation, mediation, or even litigation. The initial step involves consulting with a real estate attorney, who can analyze the situation and provide guidance on the best course of action.

Solutions may include buyouts or compromises, or pursuing legal remedies through the court system. Overall, resolving title disputes requires careful consideration of legal frameworks, thorough property assessments, and effective communication among stakeholders to reach amicable solutions and mitigate potential conflicts. 

Preventing Further Title Disputes  

To avoid future title disputes, proactive measures are paramount. This includes thorough due diligence before entering into a real estate transaction, such as obtaining a title search and title insurance.

Clear and comprehensive contracts and agreements can also help prevent misunderstandings and disputes. Moreover, maintaining open lines of communication and addressing potential issues or concerns early can help prevent conflicts from escalating into full-blown title disputes.  

Retain an Experienced Attorney Today 

The Law Office of David J. Hollander, located in San Diego, California, offers comprehensive legal guidance in real estate matters, including title disputes. With a client-centric approach and a wealth of knowledge in real estate law, David J. Hollander can guide you through the title dispute you’re facing and ensure your legal rights are protected.