Partition Lawyers in Orinda
Our Orinda 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. 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 awarding each co-owner a certain percentage of the property's value. The court will then order the property to be divided according to the co-owners' wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- Who pays for a partition action? In California, each party typically pays for their own attorney's fees (known as the "American Rule"). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- 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
- 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.
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.
Hofmann v. Hofmann - Partition Action Case Study
In the legal case of Hofmann v. Hofmann, 2021 WL 2980582, F079977 (15-Jul-2021) , the issue of partition was at the center of the dispute. The parties were in disagreement over the division of a parcel of real property that was owned by the parties as joint tenants. The court was tasked with determining the appropriate partition of the property, which included determining the value of the property, the amount of compensation to be paid to each party, and the method of partition. The court ultimately determined that the property should be divided into two equal parts, with each party receiving one-half of the value of the property. The court also determined that each party should receive compensation for their respective interests in the property.
