Partition Lawyers in San Anselmo
Our San Anselmo 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. 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.
- 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.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through 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.
Raftari v. Jafari - Partition Action Case Study
In the legal case of Raftari v. Jafari, 2007 WL 172117, B188003 (24-Jan-2007) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their deceased father’s estate. The siblings had inherited the estate from their father, who had died without a will. The siblings had agreed to divide the estate equally, but the dispute arose when one of the siblings refused to sign the partition agreement. The court found that the partition agreement was valid and enforceable, and ordered the sibling to sign the agreement and divide the estate as agreed. The court also ordered the sibling to pay the other sibling’s attorney’s fees and costs. The case highlights the importance of having a valid and enforceable partition agreement in place when dividing an estate.
