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Talkov Law Partition Attorneys assist co-owners of real estate to end co-ownership disputes in California. We can help you obtain the equity you are owed. Many times, one co-owner refuses to cooperate in a sale. We end these disputes through a partition action in California, which is the only court ordered process to solve these real estate co-ownership disputes.

In a partition action, the court will divide the property fairly between the parties in two phases:

1. Forcing the sale of the property in a partition by sale. In this phase, a Realtor will be hired to market the property on the open market to obtain the highest price. Sometimes, the buyer is the co-owner in possession of the property.
2.  Dividing the proceeds of sale. In this phase, co-owners can assert any offsets for payments of the mortgage, taxes, insurance, repairs, improvements, rental value, and otherwise. The court can also award attorney’s fees, usually to the party who filed the partition.

Common Co-Ownership Disputes That We Resolve

Partition actions are very common among co-owners in California. There are many different examples of partition actions, but all contain co-owners who disagree on what to do with jointly owned property. Among the most frequent examples of partition actions are:

• Brothers and sisters after inheritance
• Former boyfriends and girlfriends after a breakup
• Family members and friends who purchased together
• Investors in jointly owned real estate

However the parties ended up in the co-ownership relationship, there is only one way to end those disputes: a partition action.

What Happens in a Partition Action?

Nearly all partition action are partition by sale. After filing the partition complaint and serving the defendants, the court will generally order that the property be marketed for sale by a court-appointed partition referee. That referee will hire a Realtor to market the property on the MLS (Multiple Listing Service) so that the offers are at the full market value.

However, in many cases, the co-owner in possession will make a settlement offer to the co-owner filing the partition to purchase their interest for an amount that is equivalent to what the plaintiff would receive if the partition action resulted in a sale of the property. These settlements short-circuit the delays, headaches and attorney’s fees incurred in prolonged litigation. 

In rare cases, there are other forms of partition that can be used. In a partition by appraisal, the parties agree on the buyer and method of appraisal of the property to allow one or more parties to be bought out. In a partition in kind, usually used for vacant land, the property can be physically divided. Single family homes are generally ineligible for this form of partition.

The Right to Partition in California

Commonly, when there is disagreement where one or more co-owner of a property may want to sell the property, but another co-owner does not agree to sell, a partition action can help force the sale of the property fairly and equitably among the joint owners.

Fortunately, the right to a partition action is absolute in California, meaning that the right to partition a property is achievable by any co-owner, no matter how small or large their interest in the property may be. Once filed with the courts, a partition action cannot be “stopped” by a party who does not wish to sell the property unless the parties can resolve the dispute by settling. As the courts have explained, “the right to partition is absolute, and cannot be denied, either because of any supposed difficulty, nor on the suggestion that the interest of the cotenants will be promoted by refusing the application or temporarily postponing action . . .’” Priddel v. Shankie (1945) 69 Cal.App. 2d 319, 325.

Are There Defenses to a Partition Action?

Many times, parties ask if a partition action can be stopped, and whether there are affirmative defenses to a partition action. In all but the rarest of cases, there is no defense to a partition action. When there is a defense, it will usually consist of a written waiver of the right to partition in a tenants in common agreement. However, this is extremely rare as most co-owners do not have any written agreement relating to their co-ownership arrangement. The best defense to a partition is to buyout the plaintiff’s interest using the Partition of Real Property Act.

How Much Does a Partition Action Cost and Who Will Pay the Attorney’s Fees?

The most common question is the cost of a partition action in California, which usually ranged from $8,000 to $20,000, but can go higher if the matter is complex. Given our experience, we are able to win a partition action and produce a better result at a lower cost in a faster manner than many firms without such expertise. This often means overcoming an uncooperative co-owner at the property who is in no rush to leave. The right partition attorney will ensure that your attorneys fees are paid by an un-cooperative partition defendant.

Can I Recover Offsets for the Mortgages, Taxes, Insurance, Repairs, Improvements, and Rental Value?

After the property is sold, every partition involves an accounting wherein owners can recover partition offsets. If one co-owner made the down payment, improvements, paid the taxes or paid the mortgage, these can be recovered in a partition. If one co-owner has been in possession, the rental value can be recovered on the co-owned property.

Frequently Asked Questions About Partition Actions in California

Do I Need a Partition Lawyer?

There can be nothing more frustrating than co-ownership of real estate in California. Many times, one co-owner of property is paying the mortgage, while another co-owner lives at the property without making any contribution to the property. Other times, the property was inherited, perhaps years ago, making partition the only way to unlock the value of the property. Eventually, tenancy-in-common and joint-tenancy get old, and co-owners seek to end this unhealthy property co-ownership relationship. While parties may have purchased the property as tenants-in-common because they are family, friends, or fellow investors, the relationship often turns out to be something other than the parties expected.

Our partition attorneys in California bring an end to real estate co-ownership disputes. We accomplish this goal through the only court ordered process to do so: by filing a partition action in California. Our experience means that we can do so efficiently and effectively.

Call Today to Speak With a Partition Lawyer

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With eight, full-time partition lawyers, Talkov Law Partition Attorneys is the #1 Partition Law Firm in California and has handled over 400 partition actions throughout California. Every case has resulted in a sale to either a third party or one of the co-owners. Not a single court has denied our clients the right to partition or declared our client to be a non-owner. Plus, for qualified cases, there is no fee until we settle or win your case!

Rest easy knowing you’re backed by the unparalleled expertise of Talkov Law Partition Attorneys. With our award-winning attorneys and proven track record, your case is in the hands of trusted professionals committed to delivering the results you deserve

Our President, Scott Talkov, has been recognized as a Super Lawyer, an honor given to the top 5% of attorneys for their professional achievements and peer recognition, particularly in real estate law and partition actions.

If you are looking to end your co-ownership relationship, it is critical to protect your rights and speak to an experienced and creative real estate litigator. Call Talkov Law Partition Attorneys today at (844) 4-TALKOV (825568) or contact us online for a FREE case consultation today.