Partition Lawyers in Hercules
Our Hercules 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.
- Who pays for a partition action? In California, each party typically pays for their own attorney's fees (known as the "American Rule"). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- 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.
- What is a partition action and when is it necessary?
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (510) 999-3300 or contact us online today.
Call us at (510) 999-3300 or contact us below to schedule a free, 15-minute consultation.
Tormey v. Allen - Partition Action Case Study
In the legal case of Tormey v. Allen, 45 Cal. 119 (1872), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a piece of real estate. The plaintiff, Tormey, sought to partition the property, while the defendant, Allen, argued that the property could not be partitioned because it was a single, indivisible parcel. The court ultimately ruled in favor of Tormey, finding that the property could be partitioned, and that the two co-owners should be allowed to divide the property in a fair and equitable manner. The court also noted that the partition should be done in a way that would not cause any unnecessary hardship to either party.
