El Cajon Partition Lawyer

Partition Actions in El Cajon

El Cajon is a city located in San Diego County, California. It is located in the eastern part of the county, about 15 miles east of downtown San Diego. El Cajon is known for its diverse population, its vibrant downtown area, and its many parks and recreational areas. The city is home to a variety of businesses, including a large number of automotive dealerships, and is a popular destination for shopping and dining. El Cajon is also home to several museums, including the San Diego Air and Space Museum, and the El Cajon Valley Historical Museum. The city is also home to several parks, including the El Cajon Valley Regional Park, and the El Cajon Mountain Park.

According to Zillow, the median home value in El Cajon, California is $541,400 as of 2021. As of 2020, the population of El Cajon, California is 102,743.

Experienced Real Estate Partition Action Attorneys Serving El Cajon

Talkov Law’s attorneys serving San Diego County are exceptionally experienced in the area of California partition actions. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.

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

  • When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
  • What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
  • What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
  • Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
  • Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.

Speak to Our El Cajon Partition Attorneys Today

Call our San Diego County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (858) 800-3300 or contact us below to schedule a free, 15-minute consultation

    Grant v. Murphy – Partition Action Case Study

    In the legal case of Grant v. Murphy, 116 Cal. 427 (1897), the issue was whether a partition of a piece of real estate was valid. The plaintiff, Grant, had purchased a piece of real estate from the defendant, Murphy, and the deed of sale included a clause that the property would be partitioned into two separate parcels. Murphy argued that the partition was invalid because it was not done in accordance with the law. The court held that the partition was valid, as the deed of sale was a valid contract and the partition was done in accordance with the terms of the contract. The court also held that the partition was valid even though it was not done in accordance with the law, as the parties had agreed to the partition and it was done in good faith.

    Contact our Team of Experienced Partition Lawyers Serving the City of El Cajon, County of San Diego, California

    Our El Cajon partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 at (858) 800-3300 or contact us online today.

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