Contra Costa County Partition Lawyer

Partition Action Attorneys 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.

Talkov Law’s attorneys serving Contra Costa County are exceptionally experienced in California partition actions and have conducted over 370 successful partitions for our satisfied clients. California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

• Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
• What is a partition action and when is it necessary?
• 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.
• 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.
• Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.