Experienced Partition 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 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 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- 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.
- Can a partition action be stopped? 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.
- 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.
Speak to Our Chula Vista Partition Attorneys Today
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Call us at (858) 800-3300
Partition Actions in Chula Vista
Partitions are quite common in Chula Vista. 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.
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.
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.
Our partition attorneys in Chula Vista, California serve San Diego County and surrounding areas including San Diego, National City, Imperial Beach, Bonita, Coronado