Partition Actions in Buellton
Buellton is a small city located in Santa Barbara County, California. It is situated in the Santa Ynez Valley, about 8 miles north of Santa Barbara. The city is known for its wine industry, as it is home to several wineries and vineyards. It is also home to the popular tourist destination, Solvang, which is a Danish-style village. Buellton is a great place to visit for its beautiful scenery, wineries, and outdoor activities. It is also home to a variety of restaurants, shops, and other attractions.
According to Zillow, the median home value in Buellton, California is $717,400. As of the 2020 United States Census, the population of Buellton, California is 6,841.
Experienced Real Estate Partition Action Attorneys Serving Buellton
Talkov Law’s attorneys serving Santa Barbara 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 is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
Speak to Our Buellton Partition Attorneys Today
Call our Santa Barbara 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
Dilonell v. Chandler – Partition Action Case Study
In the legal case of Dilonell v. Chandler, 2022 WL 854908, B310695 (23-Mar-2022) , the issue of partition was at the center of the dispute. The parties had entered into a contract for the sale of real property, and the contract provided for the partition of the property into two separate parcels. The plaintiff, Dilonell, alleged that the defendant, Chandler, had failed to comply with the terms of the contract and had refused to partition the property. The court found that the contract was valid and enforceable, and that Chandler had breached the contract by failing to partition the property. The court ordered Chandler to partition the property in accordance with the terms of the contract.
Contact our Team of Experienced Partition Lawyers Serving the City of Buellton in the County of Santa Barbara, 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 (805) 880-8800 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Buellton also serve Solvang, Los Olivos, Santa Ynez, and Lompoc.