Partition Lawyers in Tiburon
Our Tiburon 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. 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 done 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 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.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
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.
Zhang v. Li - Partition Action Case Study
In the legal case of Zhang v. Li, 2019 WL 441936, B279399 (5-Feb-2019) , the partition issues revolved around the ownership of a property located in Los Angeles County, California. The property was owned by both Zhang and Li, who had entered into a written agreement in which they agreed to equally share the ownership of the property. However, Li had failed to make payments on the mortgage and taxes for the property, and Zhang had been paying the mortgage and taxes in full. Zhang then filed a partition action, seeking to divide the property into two separate parcels and to have Li pay her back for the mortgage and taxes she had paid. The court found that the written agreement between Zhang and Li was valid and enforceable, and that Zhang was entitled to a partition of the property. The court also ordered Li to pay Zhang back for the mortgage and taxes she had paid.
