Partition Lawyers in Fairfield
Our Fairfield partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation.
Talkov Law’s attorneys serving Solano County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney's fees and costs to the prevailing party in a partition action.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- What are the grounds for a partition action in California? A co-owner is "entitled to partition as a matter of absolute right," meaning "he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- What is California's Partition of Real Property Act? Effective January 1, 2023, California's new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (707) 777-6600 or contact us online today.
Call us at (707) 777-6600 or contact us below to schedule a free, 15-minute consultation.
Flores v. Flores - Partition Action Case Study
In the legal case of Flores v. Flores, 55 Cal.App. 595 (1921), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a family ranch. The siblings had inherited the ranch from their father, and the court was tasked with determining how to divide the property between them. The court found that the siblings had an equal right to the property, and that the partition should be made in such a way that each sibling received an equal share. The court also found that the partition should be made in such a way that each sibling received an equal share of the improvements made to the property, such as buildings and fences. The court also found that the partition should be made in such a way that each sibling received an equal share of the profits from the ranch.
