Partition Lawyers in Vallejo
Our Vallejo partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation.
Talkov Law’s attorneys serving Solano 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.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- What is a partition action and when is it necessary?
- 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 I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- 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.
For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (707) 777-6600 or contact us online today.
Call us at (707) 777-6600 or contact us below to schedule a free, 15-minute consultation.
Fallon v. Brittan - Partition Action Case Study
In the legal case of Fallon v. Brittan, 84 Cal. 511 (1890), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a piece of real estate. The plaintiff, Fallon, sought to partition the property, while the defendant, Brittan, argued that the property should not be partitioned. The court ultimately ruled in favor of Fallon, finding that the property should be partitioned. The court held that the partition should be made in such a way that each party would receive an equal share of the property. The court also held that the partition should be made in such a way that each party would receive an equal share of the profits from the sale of the property. The court also held that the partition should be made in such a way that each party would receive an equal share of the costs associated with the partition.
