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Arroyo Grande Partition Lawyer

Partition Actions in Arroyo Grande

Arroyo Grande is a city located in San Luis Obispo County, California. It is situated on the Pacific Coast, about halfway between Los Angeles and San Francisco. The city is known for its quaint downtown area, which features a variety of shops, restaurants, and galleries. The city is also home to a number of parks, including the Arroyo Grande Village Park, which features a playground, picnic areas, and a walking path. The city is also home to a number of wineries, and is a popular destination for wine tasting. The city is also home to a number of festivals and events throughout the year, including the Arroyo Grande Valley Harvest Festival and the Arroyo Grande Art and Wine Festival.

According to Zillow, the median home value in Arroyo Grande, California is $637,400 as of 2021. As of the 2020 United States Census, the population of Arroyo Grande, California was estimated to be 44,822.

Experienced Real Estate Partition Action Attorneys Serving Arroyo Grande

Talkov Law’s attorneys serving San Luis Obispo 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.

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

  • 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.
  • 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.
  • Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
  • 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.
  • When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.

Speak to Our Arroyo Grande Partition Attorneys Today

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

Call us at (805) 880-8800 or contact us below to schedule a free, 15-minute consultation

    Schmidt v. Etter – Partition Action Case Study

    In the legal case of Schmidt v. Etter, 2002 WL 31888045, A094878 (30-Dec-2002) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their parents’ real property. The siblings had inherited the property from their parents, and the dispute arose when one sibling wanted to sell the property and the other wanted to keep it. The court had to decide whether the property should be partitioned or sold. The court ultimately decided that the property should be partitioned, with each sibling receiving an equal share. The court also ordered that the siblings should pay the costs of partitioning the property. The court’s decision was based on the fact that the siblings had inherited the property as tenants in common, and that partition was the only way to ensure that each sibling received an equal share of the property.

    Contact our Team of Experienced Partition Lawyers Serving the City of Arroyo Grande, County of San Luis Obispo, California

    Our Arroyo Grande 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 (805) 880-8800 or contact us online today.

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