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Chula Vista Partition Lawyer

Partition Actions in Chula Vista

Chula Vista is a city located in the South Bay region of San Diego County, California. It is the second-largest city in the county and the seventh-largest in the state. Chula Vista is known for its beautiful beaches, parks, and outdoor recreation opportunities. The city is home to a variety of attractions, including the Chula Vista Marina, the Chula Vista Nature Center, and the Chula Vista Bayfront. The city also has a vibrant nightlife, with a variety of bars, restaurants, and clubs. Chula Vista is a great place to live, work, and play.

According to Zillow, the median home value in Chula Vista, California is $567,400 as of 2021. As of 2020, the population of the California area of Chula Vista is estimated to be around 272,890.

Experienced Real Estate Partition Action Attorneys Serving Chula Vista

Talkov Law’s attorneys serving San Diego County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property owned by two or more persons. This statute allows for the court to order the sale of the property and the division of the proceeds among the owners. The court may also order the property to be physically divided among the owners. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the court finds that a physical division of the property would be impractical or inequitable. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property. The legal effect of the California partition statute is that it allows for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
  • 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.
  • What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
  • Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
  • Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.

Speak to Our Chula Vista Partition Attorneys Today

Call our San Diego County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (858) 800-3300 or contact us below to schedule a free, 15-minute consultation

    Buhrmeister v. Buhrmeister – Partition Action Case Study

    In the legal case of Buhrmeister v. Buhrmeister, 10 Cal.App. 392 (1909), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a piece of real estate that had been inherited from their father. The siblings had agreed to divide the property into two equal parts, but the plaintiff argued that the defendant had failed to comply with the agreement and had taken more than his fair share of the property. The court found that the defendant had indeed taken more than his fair share of the property and ordered him to pay the plaintiff the difference in value between the two portions. The court also ordered the defendant to pay the plaintiff’s costs and attorney’s fees. The court’s decision established the principle that when two siblings agree to divide an inherited property, they must do so in accordance with the terms of the agreement and any deviation from the agreement must be compensated for.

    Contact our Team of Experienced Partition Lawyers Serving the City of Chula Vista 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 (858) 800-3300 or contact us online for a free consultation about your co-ownership issues.

    Talkov Law San Diego Office

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

    Talkov Law San Diego Del Mar Office

    Our partition attorneys in Chula Vista also serve Eastlake, Otay Ranch, Rancho Del Rey, Bonita, National City, and San Ysidro.

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