Can I start a partition action against the trustee who locked me out of a home I have an ownership interest in?

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Can I start a partition action against the trustee who locked me out of a home I have an ownership interest in?

Asked on June 8, 2013 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From the facts as you state it does not appear that bringing an Action for Partition is the correct remedy.  ANd action for partition is when one co-owner asks the court to divide the property in two because you can not agree on use, upkeep, selling, etc.  Since a house can generally not be split in two the court usually orders it so,med then divides the proceeds.  In your case it may be a BReach of Fiduciary duty if the trustee is not behaving to the benefit of the trust recipients.  Seek legal help. One must read the Trust in light of the facts. Good luck.


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