Partition Lawyers in Martinez
Our Martinez 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. 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.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff's interest in the property, which is generally the plaintiff's goal.
For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (925) 999-7700 or contact us online today.
Call us at (925) 999-7700 or contact us below to schedule a free, 15-minute consultation.
Richards v. Cal. Mining & Dredging Syndicate - Partition Action Case Study
In the legal case of Richards v. Cal. Mining & Dredging Syndicate, 7 Cal.2d 196 (1936), the issue of partition was at the center of the dispute. The case involved a dispute between two parties over the ownership of a mining claim. The plaintiff, Richards, claimed that he owned the entire claim, while the defendant, Cal. Mining & Dredging Syndicate, claimed that it owned a portion of the claim. The court had to determine whether the claim should be partitioned between the two parties or whether Richards should be awarded the entire claim. The court ultimately ruled that the claim should be partitioned between the two parties, with Richards receiving the larger portion. The court also ruled that the defendant was entitled to compensation for the portion of the claim that it was awarded.
