When co-owners of real estate disagree on what to do with a property, a partition action is often the best legal solution to force a sale. However, disputes become even more complicated when one of the co-owners is a hoarder. A property filled with excessive clutter, debris, or hazardous conditions can significantly reduce market value, create legal liabilities, and lead to conflicts between co-owners.
If you are a co-owner of a hoarded property in California, you may have the right to force its sale through a partition action, even if the hoarding co-owner refuses to cooperate. This article explains how partition law applies to hoarded properties and the legal strategies for resolving these complex disputes.
How Hoarding Affects Co-Owned Properties
Hoarding disorder can create serious challenges in co-owned properties, including:
- Reduced Property Value – Hoarding conditions can lead to significant depreciation in the home’s market value.
- Health and Safety Hazards – Piles of clutter may create fire risks, attract pests, or lead to structural damage.
- Legal Code Violations – Many California cities enforce health and safety codes that can lead to fines or forced cleanups.
- Blocked Sales and Disputes – A hoarding co-owner may refuse to cooperate with a sale, making it difficult to liquidate the property.
When co-owners disagree on whether to sell, clean, or repair a hoarded property, a partition action may be the only legal solution to resolve the conflict.
Can You File a Partition Action If a Co-Owner Is a Hoarder?
Yes. Under California Code of Civil Procedure Section 872.210, any co-owner has the right to file a partition action to force the sale of a jointly owned property. Even if one co-owner refuses to sell or claims they need to remain in the home, the court can order a sale to fairly distribute the property’s value among the owners.
A partition action is particularly useful in cases involving hoarded properties because:
- It allows a court-appointed partition referee to manage the sale.
- The sale can proceed even if the hoarding co-owner refuses to cooperate.
- The referee can evict the hoarding co-owner.
- The referee can clean up the hoarding personal effects before the property is marketed to ensure that top dollar is received.
- The court can adjust ownership shares to account for one party’s mismanagement or damage to the property.
Challenges of Partition Actions Involving Hoarded Properties
Hoarded properties present unique complications in a partition case, including:
1. Delayed Sales Due to Cleanup Requirements – Partition Referee to Clean Up Property
Many hoarded homes require extensive cleaning, repairs, and junk removal before they can be sold. The court may appoint a partition referee to oversee the cleanup process and determine how the costs should be allocated.
2. Financial Disputes Over Cleanup Costs – Referee to Advance Costs of Cleanup and Reallocate to Hoarder
Co-owners often dispute who should pay for cleanup and restoration costs. If one co-owner’s hoarding caused damage, the court may deduct those costs from their share of the sale proceeds.
3. Refusal to Vacate the Property – Referee’s Power to Evict Hoarding Co-Owner
A hoarding co-owner may refuse to move out or delay legal proceedings. The court can issue an order of possession to ensure the sale moves forward.
4. Difficulty Finding Buyers – Referee’s Power to Clean Up Property Before Marketing
A hoarded property may attract fewer buyers or sell for less than its market value. However, a partition referee can ensure that the home is sold under fair market conditions.
How Courts Handle Hoarded Properties in Partition Actions
California courts handle hoarded properties in three key ways during partition actions:
- Appointing a Partition Referee – The court may assign a neutral third party to oversee the sale, manage cleanup, and ensure compliance with court orders.
- Ordering Property Cleanup – If the hoarding significantly affects the home’s value, the court may order a cleanup before listing the property.
- Allocating Costs of Cleanup to Hoarder – If the hoarding co-owner’s actions caused financial losses, the court may deduct cleanup or repair costs from their portion of the sale proceeds.
Why Hiring a Partition Lawyer is Essential
Partition actions involving hoarded properties are legally complex and emotionally charged. An experienced partition attorney can help:
- File the partition action and protect your property rights.
- Ensure that a court-appointed referee oversees the sale fairly.
- Advocate for fair cost allocations in cleanup and property restoration.
- Handle legal disputes if the hoarding co-owner refuses to cooperate.
At Talkov Law, we specialize in partition actions for co-owners dealing with uncooperative or problematic co-owners, including hoarders.
Next Steps: How Talkov Law Can Help
If you are co-owning a property with a hoarder and need to sell or recover your financial interest, a partition action may be your best option. Talkov Law has successfully handled numerous partition cases involving hoarded properties, ensuring our clients receive their fair share of the sale proceeds.
Contact Talkov Law Partition Attorneys today at (844) 4-TALKOV (825568). Our experienced partition attorneys are here to help you begin the process of reclaiming your property rights.
