Talkov Law’s attorneys serving Contra Costa County are exceptionally experienced in California partition actions and have conducted over 430 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:
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- 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 types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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.
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.
Speak to Our Contra Costa County 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
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.
Frequently Asked Questions About Partitions in Contra Costa County
How Much Does a Partition Action Cost in Contra Costa County?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Contra Costa County?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In Contra Costa County, 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 in Contra Costa County?
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.
Contact our Team of Experienced Partition Lawyers Serving Contra Costa County, California
Our Contra Costa County partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys 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, call (925) 999-7700 or contact us online today.
