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:

  • 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.
  • Who pays for a partition action? In California, 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 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.
  • What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
  • What is a partition action and when is it necessary?

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, call (858) 800-3300 or contact us online today.

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    San Diego, CA 92130
    Phone: (858) 800-3300

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