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. 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.

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

  • 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.
  • What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
  • 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 are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
  • 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.

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, County of Contra Costa, California

    Our Antioch partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (925) 999-7700 or contact us online today.

    Talkov Law is Rated 5 out of 5 stars based on 38 customer reviews.

    Contact Us Today for a Free Consultation & Pay No Retainer

    Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down







        Awards and Recognition

        US News and World Report Scott Talkov

        We Have Been Featured On:

        The Real Deal

        The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.