Partition Lawyers in Marin County
Our Marin 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 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- 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.
- 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.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney's fees, and court costs, but can involve referee fees and broker's fees if the property is sold.
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.
Butte Creek Island Ranch v. Crim - Partition Action Case Study
In the legal case of Butte Creek Island Ranch v. Crim, 136 Cal.App.3d 360 (1982), the issue of partition was at the center of the dispute. The case involved a dispute between two parties over the ownership of a parcel of land. The plaintiff, Butte Creek Island Ranch, claimed that the defendant, Crim, had unlawfully partitioned the land into two separate parcels without the plaintiff's consent. The court found that the partition was invalid because it was not done in accordance with the law. The court also found that the partition had caused the plaintiff to suffer damages, and ordered the defendant to pay the plaintiff for those damages. The court also ordered the defendant to restore the land to its original condition.
