Experienced Partition Attorneys Serving Concord
Talkov Law’s attorneys serving Contra Costa County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be done in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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).
- 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.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
Speak to Our Concord Partition Attorneys Today
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Partition Actions in Concord
Partitions are quite common in Concord. 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.
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.
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 in the County of Contra Costa, 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 (925) 999-7700 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Concord, California serve Contra Costa County and surrounding areas including Walnut Creek, Pleasant Hill, Martinez, Clayton, Pittsburg, Antioch.