Partition Lawyers in Santa Cruz
Our Santa Cruz partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation.
Talkov Law’s attorneys serving Santa Cruz 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.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- 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.
- How long does a partition action take in California?" Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
- 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).
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.
Luco v. De Toro - Partition Action Case Study
In the legal case of Luco v. De Toro, 91 Cal. 405 (1891), the issue was whether a partition of a parcel of land was valid. The plaintiff, Luco, had purchased the land from the defendant, De Toro, and the deed of sale included a clause that the land would be partitioned into two equal parts. However, the partition was not done in accordance with the deed, and the plaintiff argued that the partition was invalid. The court held that the partition was valid, as the deed did not specify how the partition should be done, and the parties had agreed to the partition as it was. The court also noted that the partition was done in good faith and that the parties had not been harmed by it.
