Partition Lawyers in Pleasant Hill
Our Pleasant Hill 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 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 are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff's interest in the property for a fair value. Some cases may take 6 to 12 months.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- 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 is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
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.
Ryer v. Fletcher-Ryer Co. - Partition Action Case Study
In the legal case of Ryer v. Fletcher-Ryer Co., 126 Cal. 482 (1899), the issue was whether a partition of a family-owned business was valid. The plaintiff, Ryer, was the owner of a business that was owned by him and his brother, Fletcher-Ryer. The two brothers had agreed to divide the business into two separate companies, with each brother owning one of the companies. However, Fletcher-Ryer had failed to pay the agreed-upon amount for his share of the business, and Ryer sued to have the partition declared invalid. The court held that the partition was valid, as the brothers had agreed to it and had acted in good faith. The court also held that the partition was binding on both parties, and that Fletcher-Ryer was liable for the amount he had agreed to pay.
