Partition Lawyers in Hollister
Our Hollister partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation.
Talkov Law’s attorneys serving San Benito 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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don't have to pay your attorney to go through a disorganized mess to get the information they need.
- How long does a partition action take in California?" Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- 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.
- 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.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (831) 999-9900 or contact us online today.
Call us at (831) 999-9900 or contact us below to schedule a free, 15-minute consultation.
Randell v. Randell - Partition Action Case Study
In the legal case of Randell v. Randell, 219 Cal. 95 (1933), the issue was whether a partition of real property was valid. The plaintiff, Mrs. Randell, owned a parcel of real property with her husband, Mr. Randell. The couple had agreed to partition the property, with Mrs. Randell receiving one-half of the property and Mr. Randell receiving the other half. However, Mrs. Randell later filed a lawsuit against her husband, claiming that the partition was invalid because it was not done in accordance with the law. The court ultimately ruled in favor of Mrs. Randell, finding that the partition was invalid because it was not done in accordance with the law. The court held that a partition of real property must be done in accordance with the law in order to be valid.
