Partition Actions in Del Rey Oaks
Del Rey Oaks is a small city located in Monterey County, California. It is situated on the Monterey Peninsula, just south of the city of Monterey and north of the city of Seaside. The city has a population of approximately 1,600 people and covers an area of 0.8 square miles. Del Rey Oaks is known for its beautiful views of the Monterey Bay and its close proximity to the Monterey Bay Aquarium. The city is also home to a variety of recreational activities, including golfing, hiking, biking, and kayaking. Del Rey Oaks is a great place to live, work, and play.
According to Zillow, the median home value in Del Rey Oaks, California is $717,400 as of 2021. As of the 2020 United States Census, the population of Del Rey Oaks, California was 1,637.
Experienced Real Estate Partition Action Attorneys Serving Del Rey Oaks
Talkov Law’s attorneys serving Monterey County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- 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.
- What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
- 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.
- What is a partition action and when is it necessary?
Morehead v. Granados – Partition Action Case Study
In the legal case of Morehead v. Granados, 2021 WL 4539743, G057825 (5-Oct-2021) , the issue of partition was at the center of the dispute. The parties were in disagreement over the division of a parcel of real property that was owned by both parties. The court was tasked with determining the appropriate partition of the property, which included determining the value of the property, the respective interests of the parties, and the method of partition. The court ultimately determined that the property should be partitioned by sale, with the proceeds of the sale to be divided between the parties in accordance with their respective interests.
Contact our Team of Experienced Partition Lawyers Serving the City of Del Rey Oaks in the County of Monterey, 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 (831) 999-9900 or contact us online for a free consultation about your co-ownership issues.