Partition Actions in Carlsbad
Carlsbad is a coastal city located in San Diego County, California. It is known for its beautiful beaches, stunning coastal views, and its quaint downtown area. Carlsbad is home to Legoland California, the Flower Fields, and the Carlsbad Village, which is a popular shopping and dining destination. The city is also home to a variety of outdoor activities, including golfing, hiking, and biking. Carlsbad is a great place to visit for a relaxing beach vacation or a fun-filled family getaway.
According to Zillow, the median home value in Carlsbad, California is $788,400 as of 2021. As of 2020, the population of the Carlsbad area of California is estimated to be 112,299.
Experienced Real Estate Partition Action Attorneys Serving Carlsbad
Talkov Law’s attorneys serving San Diego 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:
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- 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.
Formosa Corp. v. Rogers – Partition Action Case Study
In the legal case of Formosa Corp. v. Rogers, 108 Cal.App.2d 397 (1951), the issue of partition was at the center of the dispute. The case involved a dispute between two shareholders of a corporation, Formosa Corporation, over the ownership of certain real property. The plaintiff, Formosa Corporation, sought to partition the property, while the defendant, Rogers, argued that the property was owned by the corporation and not subject to partition. The court ultimately held that the property was owned by the corporation and not subject to partition. The court reasoned that the property was held in trust for the benefit of the corporation and its shareholders, and that the shareholders had no right to partition the property. The court also noted that the corporation had the right to manage and control the property, and that the shareholders had no right to interfere with the corporation’s management of the property.
Contact our Team of Experienced Partition Lawyers Serving the City of Carlsbad in the County of San Diego, 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 (760) 999-3300 or contact us online for a free consultation about your co-ownership issues.