Partition Lawyers in Pacifica
Our Pacifica partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation.
Talkov Law’s attorneys serving San Mateo 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.
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (650) 999-3300 or contact us online today.
Call us at (650) 999-3300 or contact us below to schedule a free, 15-minute consultation.
Rich v. Smith - Partition Action Case Study
In the legal case of Rich v. Smith, 26 Cal.App. 775 (1915), the issue of partition was at the center of the dispute. The case involved two brothers, Rich and Smith, who had inherited a piece of real estate from their father. Rich wanted to partition the property, meaning that he wanted to divide it into two separate pieces of land, one for each brother. Smith, however, refused to agree to the partition, claiming that the property was too valuable to be divided. The court ultimately ruled in favor of Rich, ordering that the property be partitioned according to the terms of the will. The court also ordered Smith to pay Rich's legal costs. The case serves as an example of how partition issues can arise in the context of inheritance disputes.
