Partition Lawyers in Watsonville
Our Watsonville 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.
- What is a partition action and when is it necessary?
- 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.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- 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.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
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.
Mound City Land & Water Ass'n v. Phillip - Partition Action Case Study
In the legal case of Mound City Land & Water Ass'n v. Phillip, 11 P.C.L.J. 645 (1884), the issue was whether a partition of land could be made between two parties. The plaintiff, Mound City Land & Water Association, owned a tract of land that was divided into two parts. The defendant, Phillip, owned one part of the land and the plaintiff owned the other. The plaintiff wanted to partition the land, meaning that each party would receive an equal share of the land. However, Phillip argued that the partition was not possible because the land was not divisible in equal parts. The court ultimately ruled in favor of the plaintiff, finding that the partition was possible and that the land could be divided into two equal parts.
