Chula Vista Partition Lawyer

Partition Action Attorneys 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.

Talkov Law’s attorneys serving San Diego County are exceptionally experienced in California partition actions and have conducted over 370 successful partitions for our satisfied clients. 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.

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

• What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
• How does a partition action work in California?
• Who pays for a partition action? In California, 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).
• 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 my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.