Arroyo Grande Real Estate Partition Lawyer
Talkov Law’s attorneys serving San Luis Obispo County are exceptionally experienced in California partition actions and have conducted over 450 for our satisfied clients. 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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
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.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- 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.
- 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.
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.
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.
Frequently Asked Questions About Partitions in Arroyo Grande
How Much Does a Partition Action Cost in Arroyo Grande?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Arroyo Grande?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In Arroyo Grande, 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).
Can a Partition Action Be Stopped in Arroyo Grande?
Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
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 Partition Attorneys 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, call (805) 880-8800 or contact us online today.
Serving Areas Throughout California
Pismo Beach, Grover Beach, Oceano, Nipomo, and Santa Maria
