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Asked in CA May 18, 2022 ,  0 answers Visitors: 3
I own a boat with an equal partner who I am not related to. I would like to end the partnership but my partner will not agree to sell or to buy me out. I cannot afford to keep it any longer. How can I force sale?
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8 Answers

Anonymous
Reply

Posted on / Jun. 08, 2015 16:41:00

There are two possible legal routes. First, perhaps you can force the sale of the boat under California's "partition" laws, which provide an exit strategy for an unhappy co-owner of property. Partition is much more often used regarding real property, but the law makes it specifically available for co-owned personal property as well; see Code of Civil Procedure sections 872.010 et seq., especially 872.010(c) and 872.210(a)(1). Whether partition will work may depend upon whether a true legal partnership really exists and is the sole owner of the boat, or whether you and your "partner" are in fact the co-owners of the boat and what you call a "partnership" is just a cooperative co-ownership agreement. Whether the arrangement was for business or pleasure purposes may be decisive as to whether a true partnership in the legal sense exists. If a partnership in the legal sense exists, you probably should proceed under California partnership law to dissolve the partnership.......see, inter alia, Corporations Code sections 16801(1) and 16802. In either case, I would think it more than 50% likely that your partner or co-boat-owner would cave in and negotiate a sale and division of the money as an out-of-court settlement rather than pursue the court case to trial and final judgment.

Anonymous
Reply

Posted on / Jun. 08, 2015 16:41:00

There are two possible legal routes. First, perhaps you can force the sale of the boat under California's "partition" laws, which provide an exit strategy for an unhappy co-owner of property. Partition is much more often used regarding real property, but the law makes it specifically available for co-owned personal property as well; see Code of Civil Procedure sections 872.010 et seq., especially 872.010(c) and 872.210(a)(1). Whether partition will work may depend upon whether a true legal partnership really exists and is the sole owner of the boat, or whether you and your "partner" are in fact the co-owners of the boat and what you call a "partnership" is just a cooperative co-ownership agreement. Whether the arrangement was for business or pleasure purposes may be decisive as to whether a true partnership in the legal sense exists. If a partnership in the legal sense exists, you probably should proceed under California partnership law to dissolve the partnership.......see, inter alia, Corporations Code sections 16801(1) and 16802. In either case, I would think it more than 50% likely that your partner or co-boat-owner would cave in and negotiate a sale and division of the money as an out-of-court settlement rather than pursue the court case to trial and final judgment.

Anonymous
Reply

Posted on / Jun. 08, 2015 13:16:00

This is not a question about mediation.

Anonymous
Reply

Posted on / Jun. 08, 2015 13:16:00

This is not a question about mediation.

Anonymous
Reply

Posted on / Jun. 08, 2015 13:16:00

This is not a question about mediation.

Anonymous
Reply

Posted on / Jun. 08, 2015 13:16:00

This is not a question about mediation.

Anonymous
Reply

Posted on / Jun. 08, 2015 13:16:00

This is not a question about mediation.

Anonymous
Reply

Posted on / Jun. 08, 2015 13:16:00

This is not a question about mediation.

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