Partition Lawyers in Monterey County
Our Monterey 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 Monterey 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 partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. 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.
- Can I be forced into selling a jointly owned house? Under California's Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- What is a partition action and when is it necessary?
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- Can I recover my attorney's fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney's fees. However, most partitions settle, and most settlements involve a walk-away of attorney's fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- 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.
Blodgett v. Haddock - Partition Action Case Study
In the legal case of Blodgett v. Haddock, 95 Cal.App.2d 17 (1949), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Blodgett, sought to partition the property, while the defendant, Haddock, argued that the property should not be partitioned. The court ultimately ruled in favor of Blodgett, finding that partition was the appropriate remedy in the case. The court noted that partition was the only way to ensure that each co-owner received their fair share of the property. The court also noted that partition would allow each co-owner to enjoy the use and benefit of the property, as well as to protect their respective interests in the property.
