Concord Partition Lawyer

Partition Actions in Concord

Concord is a city in Contra Costa County, California, located about 30 miles east of San Francisco. It is the largest city in the county and the eighth largest city in the state. Concord is known for its diverse population, vibrant downtown, and its proximity to the San Francisco Bay Area. The city is home to a variety of businesses, including a large shopping mall, several parks, and a variety of restaurants. Concord is also home to the Concord Pavilion, a large outdoor amphitheater that hosts a variety of concerts and events. The city is also home to the Concord Naval Weapons Station, a major military installation.

According to Zillow, the median home value in Concord, California is $619,400 as of 2021. As of 2020, the population of the California area of Concord is 131,680.

Experienced Real Estate Partition Action Attorneys Serving Concord

Talkov Law’s attorneys serving Contra Costa 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 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 feasible, 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:

  • Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
  • 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 are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
  • How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
  • What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.

Speak to Our Concord 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

    Elbert, Limited v. Semerad – Partition Action Case Study

    In the legal case of Elbert, Limited v. Semerad, 116 Cal.App.2d 652 (1953), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Elbert, Limited, sought to partition the property, while the defendant, Semerad, argued that the property could not be partitioned because it was held in joint tenancy. The court ultimately held that the property could not be partitioned because it was held in joint tenancy, and that the only way to divide the property was through a sale. The court also held that the plaintiff was not entitled to any compensation for the value of the property, as the defendant had not acted in bad faith in refusing to partition the property.

    Contact our Team of Experienced Partition Lawyers Serving the City of Concord, County of Contra Costa, California

    Our Concord partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 at (925) 999-7700 or contact us online today.

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