Partition Actions in Del Mar
Del Mar is a beach city located in San Diego County, California. It is situated along the Pacific Ocean, just north of La Jolla and south of Solana Beach. Del Mar is known for its beautiful beaches, upscale shopping, and world-class dining. The city is home to the Del Mar Racetrack, which hosts the annual San Diego County Fair. Del Mar is also home to a variety of outdoor activities, including surfing, kayaking, and hiking. The city is a popular destination for tourists and locals alike, offering a relaxed atmosphere and plenty of activities to enjoy.
According to Zillow, the median home value in Del Mar, California is $2,092,400 as of 2021. As of the 2020 United States Census, the population of Del Mar, California was 4,161.
Experienced Real Estate Partition Action Attorneys Serving Del Mar
Talkov Law’s attorneys serving San Diego 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 is that these statutes provide 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:
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- 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.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- 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.
Charlet v. Kay – Partition Action Case Study
In the legal case of Charlet v. Kay, 2015 WL 403649, B247617 (30-Jan-2015) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the siblings had agreed to partition the home, with one sibling taking the upstairs portion and the other taking the downstairs portion. However, the siblings had not been able to agree on the terms of the partition, and the dispute had gone to court. The court had to decide whether the partition should be done by physical division of the home, or by a sale of the home and a division of the proceeds. The court ultimately decided that the partition should be done by a sale of the home and a division of the proceeds.
Contact our Team of Experienced Partition Lawyers Serving the City of Del Mar in the County of San Diego, 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 (858) 800-3300 or contact us online for a free consultation about your co-ownership issues.