Partition Lawyers in Mill Valley
Our Mill Valley 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. 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 force the sale of the property if they cannot agree on how to divide it. The partition statutes also set out the procedures for the sale of the property and how the proceeds of the sale will be divided among the co-owners. The partition statutes also provide for the payment of costs associated with the sale of the property.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- 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 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.
- Can a partition action be stopped? Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
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.
Su-Chin Lin Shen v. Wang - Partition Action Case Study
In the legal case of Su-Chin Lin Shen v. Wang, 2010 WL 1613313, B214142 (22-Apr-2010) , the partition issues revolved around the ownership of a property located in Los Angeles County, California. The property was owned by the plaintiff, Su-Chin Lin Shen, and the defendant, Wang. The dispute arose when Wang refused to pay his share of the mortgage payments and taxes on the property. The court found that the parties had an implied agreement to partition the property, and that Wang was liable for his share of the mortgage payments and taxes. The court ordered Wang to pay his share of the mortgage payments and taxes, and to reimburse Shen for her share of the payments and taxes that she had already paid. The court also ordered the parties to partition the property, with each party receiving an equal share.
