Can I Partition Real Estate Without Going to Court?

A partition action may begin with a complaint filed with the court, but it often ends with a negotiated out-of-court, settlement.

With over 180 partition actions currently pending throughout California, Talkov Law’s dedicated partition attorneys have worked with hundreds of co-owners. Based on years of experience, our partition lawyers estimate that 98% of our partition actions settle before trial.

Of the 2% that go to trial, these trials are often limited only to the distribution of proceeds after consideration of partition offsets. The real question is how many partitions ever have a trial on the right to partition, and the answer is almost none. This is because the right to partition is absolute.

In other words, just because you choose to file a partition complaint doesn’t mean you have to go to court to finish the process. Even if a hearing in court is required, only the attorney is generally required to be present, except in the rare circumstances where testimony is required. Even when testimony is required, many courts allow remote testimony. These considerations almost never come up because there are numerous ways a partition matter can be settled outside of court throughout the partition process.

One typical strategy involves mediation, a process overseen by an impartial third party tasked with facilitating dialogue among the concerned parties, with the aim of assisting them in arriving at a mutually acceptable partition settlement. Mediation remains a viable option even if a partition suit has already been initiated.

An experienced partition attorney can help facilitate the settlement process so that you get the most out of your property.

Talkov Law's Partition Attorneys Can Help

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With eight, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 400 partition actions throughout California. Every case has resulted in a sale to either a third party or one of the co-owners. Not a single court has denied our clients the right to partition or declared our client to be a non-owner. Plus, for qualified cases, there is no fee until we settle or win your case!

If you're looking to end your co-ownership dispute, contact California's premier partition action law firm by calling Talkov Law at (844) 4-TALKOV (825568) or sending us a message today.

About Scott Talkov

Scott Talkov is California's #1 partition lawyer, having handled over 370 partition actions. He founded Talkov Law Corp. after more than one decade of experience at a California real estate litigation firm, where he served as one of the firm's partners. He has been featured on CNN, ABC 7, KCBS, and KCAL-9, and in the Los Angeles Times, the Orange County Register, the San Diego Union-Tribune, the Press-Enterprise, and in Los Angeles Lawyer Magazine. Scott has been rated by Super Lawyers since 2013. He can be reached about new matters at info@talkovlaw.com or (844) 4-TALKOV (825568). He can also be contacted directly at scott@talkovlaw.com.

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      Offices Throughout California

      Los Angeles Partition Attorneys
      10880 Wilshire Blvd Ste 1101
      Los Angeles, CA 90024
      Phone: (310) 496-3300

      Orange County Partition Attorneys
      4000 MacArthur Blvd Ste 655
      Newport Beach, CA 92660
      Phone: (949) 888-8800

      San Jose Partition Attorneys
      99 S. Almaden Blvd Suite 600
      San Jose, CA 95113
      Phone: (408) 777-6800

      San Diego Partition Attorneys
      11622 El Camino Real Ste 100
      San Diego, CA 92130
      Phone: (858) 800-3300

      San Francisco Partition Attorneys
      50 California St, Ste 1500
      San Francisco, CA 94111
      Phone: (415) 966-3300

      Riverside Partition Attorneys
      3610 Central Ave, Ste 400
      Riverside, CA 92506
      Phone: (951) 888-3300

      Sacramento Partition Attorneys
      500 Capitol Mall, Suite 2350
      Sacramento, CA 95814
      Phone: (916) 668-3300

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