Clayton Real Estate Partition Lawyer
Talkov Law’s attorneys serving Contra Costa County are exceptionally experienced in California partition actions and have conducted over 470 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:
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
Clayton is a small city located in Contra Costa County, California. It is situated in the East Bay region of the San Francisco Bay Area, about 25 miles east of San Francisco. The city is known for its small-town charm and its proximity to the larger cities of the Bay Area. It is home to a variety of businesses, including restaurants, shops, and professional services. The city is also home to several parks and trails, making it a great place to explore the outdoors. Clayton is a great place to live, work, and play.
Speak to Our Clayton Partition Attorneys Today
Call our Contra Costa County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (925) 999-7700 or contact us below to schedule a free, 15-minute consultation
Tacherra v. Tacherra – Partition Action Case Study
In the legal case of Tacherra v. Tacherra, 2012 WL 3989029, A133677 (12-Sep-2012) , the partition issues revolved around the division of a family-owned ranch. The plaintiff, the son of the original owner, sought to partition the ranch into two separate parcels, one for himself and one for his siblings. The defendant siblings argued that the ranch should remain intact and that the plaintiff should be compensated for his share of the ranch. The court ultimately ruled in favor of the plaintiff, ordering the ranch to be partitioned into two separate parcels. The court also ordered that the plaintiff be compensated for his share of the ranch.
Frequently Asked Questions About Partitions in Clayton
How Much Does a Partition Action Cost in Clayton?
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 Clayton?
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 Clayton, 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 Clayton?
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 Clayton, County of Contra Costa, California
Our Clayton 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 (925) 999-7700 or contact us online today.
