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Antioch Partition Lawyer

Partition Actions in Antioch

Antioch is a city in Contra Costa County, California, United States. Located in the East Bay region of the San Francisco Bay Area along the San Joaquin-Sacramento River Delta, it is a suburb of San Francisco and Oakland. It is the most populous city in Contra Costa County and the eighth most populous city in the Bay Area. Antioch is known for its diversity, with a large population of African Americans, Latinos, and Asians. The city is home to a variety of businesses, including a large industrial park, and is a popular destination for outdoor recreation. Antioch is also home to several parks, including Black Diamond Mines Regional Preserve, Contra Loma Regional Park, and Antioch Dunes National Wildlife Refuge.

According to Zillow, the median home value in Antioch, California is $399,000. As of 2020, the population of the California area of Antioch is estimated to be around 111,542.

Experienced Real Estate Partition Action Attorneys Serving Antioch

Talkov Law’s attorneys serving Contra Costa County are exceptionally experienced in the area of California partition actions. California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
  • Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
  • 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.
  • Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
  • Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.

Speak to Our Antioch Partition Attorneys Today

Call our Contra Costa County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (925) 999-7700 or contact us below to schedule a free, 15-minute consultation

    Garside v. Garside – Partition Action Case Study

    In the legal case of Garside v. Garside, 80 Cal.App.2d 318 (1947), the issue was whether a partition of real property could be made between two co-owners. The court found that the partition was not possible because the property was held in joint tenancy, which meant that the two co-owners had equal rights to the property and could not divide it without the consent of the other. The court also found that the partition would be inequitable because it would require one of the co-owners to take a lesser share of the property than the other. The court concluded that the partition was not possible and that the two co-owners must continue to hold the property in joint tenancy.

    Contact our Team of Experienced Partition Lawyers Serving the City of Antioch in the County of Contra Costa, California.

    Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (925) 999-7700 or contact us online for a free consultation about your co-ownership issues.

    Our partition attorneys in Antioch also serve Pittsburg, Brentwood, Oakley, and Discovery Bay.

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