Talkov Law’s attorneys serving Monterey County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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 I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- What is a partition action and when is it necessary?
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
Carmel-by-the-Sea is a small, picturesque coastal town located in Monterey County, California. It is known for its white sand beaches, stunning views of the Pacific Ocean, and its quaint downtown area. The town is home to a variety of art galleries, boutiques, restaurants, and cafes. It is also home to the famous Mission San Carlos Borromeo de Carmelo, which was founded in 1771. The town is a popular tourist destination, and is known for its relaxed atmosphere and beautiful scenery.
Speak to Our Carmel-by-the-Sea Partition Attorneys Today
Call our Monterey 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
Hsu v. Duan – Partition Action Case Study
In the legal case of Hsu v. Duan, 2002 WL 102927, A094734 (28-Jan-2002) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a piece of real property located in San Francisco. The siblings had inherited the property from their parents, and the dispute arose when one sibling, Duan, wanted to partition the property and sell it, while the other sibling, Hsu, wanted to keep the property intact. The court ultimately ruled in favor of Hsu, finding that the partition of the property would be inequitable and that the siblings should continue to own the property jointly. The court also noted that the partition of the property would be detrimental to the interests of both siblings, as it would reduce the value of the property and would be a financial burden on both parties.
Frequently Asked Questions About Partitions in Carmel-by-the-Sea
How Much Does a Partition Action Cost in Carmel-by-the-Sea?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Carmel-by-the-Sea?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In Carmel-by-the-Sea, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
Can a Partition Action Be Stopped in Carmel-by-the-Sea?
Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
Contact our Team of Experienced Partition Lawyers Serving the City of Carmel-by-the-Sea, County of Monterey, California
Our Carmel-by-the-Sea partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law, call (831) 999-9900 or contact us online today.
Serving Areas Throughout California
Monterey, Pacific Grove, Pebble Beach, Carmel Valley, Big Sur, and Seaside
