Contra Costa County Partition Lawyer

Partition Actions in Contra Costa County

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.

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.

Experienced Real Estate Partition Action Attorneys Serving Contra Costa County

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 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 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.
• 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.
• 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).
• What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.