Experienced Partition Attorneys Serving Contra Costa County
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 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 California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
Speak to Our Contra Costa County Partition Attorneys Today
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Partition Actions in Contra Costa County
Partitions are quite common in Contra Costa County. According to Zillow, the median home value in Contra Costa County, California is $717,400 as of 2021. As of July 1, 2019, the population of Contra Costa County, California was 1,139,817.
Contra Costa County is a county located in the northern part of the San Francisco Bay Area in the U.S. state of California. It is one of the nine counties in the San Francisco Bay Area and has a population of 1,049,025 as of the 2010 census. The county seat is Martinez. The county is named after the Contra Costa, a Spanish name meaning “opposite coast”. The county is home to many cities and towns, including Antioch, Brentwood, Clayton, Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, and Walnut Creek. The county is known for its rolling hills, valleys, and its many parks and trails. It is also home to the Mount Diablo State Park, which offers spectacular views of the Bay Area. The county is also home to several wineries and vineyards, as well as the John Muir National Historic Site.
Asels v. Asels – Partition Action Case Study
In the legal case of Asels v. Asels, 43 Cal.App. 574 (1919), the issue was whether a partition of real property was valid. The court found that the partition was invalid because it was not made in good faith. The court found that the partition was made in order to benefit one of the parties, and not to divide the property in a fair and equitable manner. The court also found that the partition was not made in accordance with the terms of the deed, which stated that the property should be divided equally between the parties. The court held that the partition was invalid and that the parties should be required to divide the property in a fair and equitable manner.
Contact our Team of Experienced Partition Lawyers Serving the Contra Costa County County 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 Contra Costa County also serve the nearby areas of Alameda County, Solano County, San Joaquin County, Sacramento County, San Francisco County including Concord, Richmond, Antioch, Walnut Creek, Pittsburg, San Ramon, Danville, Brentwood, Martinez, Pleasant Hill, Lafayette, Orinda, Moraga, Clayton, Hercules, Pinole, El Cerrito, and San Pablo.