Partition Lawyers in Contra Costa County
Our Contra Costa County partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation.
Talkov Law’s attorneys serving Contra Costa County are exceptionally experienced in the area of California partition actions. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff's interest in the property, which is generally the plaintiff's goal.
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (925) 999-7700 or contact us online today.
Call us at (925) 999-7700 or contact us below to schedule a free, 15-minute consultation.
Asels v. Asels - Partition Action Case Study
In the legal case of Asels v. Asels, 43 Cal.App. 574 (1919), the issue was whether a partition of real property was valid. The court found that the partition was invalid because it was not made in good faith. The court found that the partition was made in order to benefit one of the parties, and not to divide the property in a fair and equitable manner. The court also found that the partition was not made in accordance with the terms of the deed, which stated that the property should be divided equally between the parties. The court held that the partition was invalid and that the parties should be required to divide the property in a fair and equitable manner.
