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 100 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 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 settle 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 six, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled 250 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!