Partition Actions in Capitola
Capitola is a small beach town located in Santa Cruz County, California. It is situated on the Monterey Bay and is known for its beautiful beaches, quaint downtown area, and vibrant art scene. The city is home to a variety of shops, restaurants, and galleries, as well as a popular boardwalk and pier. Capitola is a popular destination for tourists and locals alike, offering a variety of activities such as kayaking, surfing, and fishing. The city is also home to a number of festivals throughout the year, including the Capitola Art & Wine Festival and the Capitola Begonia Festival.
According to Zillow, the median home value in Capitola, California is $1,072,400 as of 2021. As of the 2020 United States Census, the population of Capitola, California was 9,918.
Experienced Real Estate Partition Action Attorneys Serving Capitola
Talkov Law’s attorneys serving Santa Cruz 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 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 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.
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
- 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
Speak to Our Capitola Partition Attorneys Today
Call our Santa Cruz County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (831) 999-9900 or contact us below to schedule a free, 15-minute consultation
Pong Re Shin v. Jong Soon Choi – Partition Action Case Study
In the legal case of Pong Re Shin v. Jong Soon Choi, 2011 WL 1797244, B217939 (12-May-2011) , the issue of partition was at the center of the dispute. The parties were co-owners of a single parcel of real property, and the dispute arose when one of the co-owners, Jong Soon Choi, sought to partition the property into two separate parcels. Pong Re Shin, the other co-owner, opposed the partition, arguing that it would be detrimental to the value of the property. The court ultimately found that the partition was not in the best interests of the parties, and denied the motion. The court noted that the partition would have resulted in a significant decrease in the value of the property, and that the parties had not provided sufficient evidence to demonstrate that the partition would be beneficial. The court also noted that the parties had not provided any evidence to demonstrate that the partition would be in the best interests of the parties.
Contact our Team of Experienced Partition Lawyers Serving the City of Capitola in the County of Santa Cruz, 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 (831) 999-9900 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Capitola also serve Soquel, Aptos, Live Oak, and Santa Cruz.