Partition Lawyers in Seaside
Our Seaside partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation.
Talkov Law’s attorneys serving Monterey County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
- What is California's Partition of Real Property Act? Effective January 1, 2023, California's new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- 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.
- Can a partition action be stopped? Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
- 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.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney's fees, and court costs, but can involve referee fees and broker's fees if the property is sold.
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.
Schoenfeld v. Norberg - Partition Action Case Study
In the legal case of Schoenfeld v. Norberg, 11 Cal.App.3d 755 (1970), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Schoenfeld, sought to partition the property, while the defendant, Norberg, argued that partition was not appropriate. The court ultimately held that partition was not appropriate in this case, as the parties had agreed to a joint tenancy, and the court found that partition would be contrary to the parties' intent. The court also noted that partition would be inequitable, as it would require the sale of the property and the division of the proceeds, which would be unfair to Norberg, who had made improvements to the property.
