Experienced Partition Attorneys Serving El Cajon
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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. The legal effect of the partition statutes is that it provides 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 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.
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- 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 there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
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Partition Actions in El Cajon
Partitions are quite common in El Cajon. 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.
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.
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 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.
Our partition attorneys in El Cajon, California serve San Diego County and surrounding areas including La Mesa, Santee, Lakeside, Spring Valley, Lemon Grove, Alpine.
