Partition Lawyers in Corte Madera
Our Corte Madera partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation.
Talkov Law’s attorneys serving Marin 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.
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (415) 966-3300 or contact us online today.
Call us at (415) 966-3300 or contact us below to schedule a free, 15-minute consultation.
Flannery v. Murray - Partition Action Case Study
In the legal case of Flannery v. Murray, 2020 WL 4931702, B287284 (24-Aug-2020) , the issue of partition was at the center of the dispute. The parties were co-owners of a parcel of real property, and the plaintiff sought to partition the property. The defendant argued that the property was not subject to partition because it was held in joint tenancy with right of survivorship. The court found that the property was subject to partition because the parties had not taken any affirmative steps to create a joint tenancy with right of survivorship. The court also found that the defendant had failed to prove that the parties had intended to create a joint tenancy with right of survivorship. The court ultimately ordered the property to be partitioned in accordance with the plaintiff's request.
