Encinitas Partition Lawyer

Partition Action Attorneys in Encinitas

Encinitas is a coastal city located in San Diego County, California. It is known for its beautiful beaches, surfing, and outdoor activities. The city is home to a variety of shops, restaurants, and attractions, including the San Diego Botanic Garden, the Self-Realization Fellowship Hermitage and Meditation Gardens, and the Moonlight Beach State Park. Encinitas is also home to a vibrant arts and culture scene, with numerous galleries, museums, and performing arts venues. The city is a popular destination for visitors looking to enjoy the California sunshine and explore the area’s many attractions.

Talkov Law’s attorneys serving San Diego County are exceptionally experienced in California partition actions and have conducted over 390 partitions for our satisfied clients. 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:

  • 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.
  • 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.
  • Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
  • Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
  • How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.

Speak to Our Encinitas 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 (760) 999-3300 or contact us below to schedule a free, 15-minute consultation







    Maier v. Boyle – Partition Action Case Study

    In the legal case of Maier v. Boyle, 44 Cal.App.2d 698 (1941), the issue was whether a partition of real property was valid. The plaintiff, Maier, owned a parcel of land with two other individuals, Boyle and another person. Maier and Boyle agreed to partition the land, with Maier taking one portion and Boyle taking the other. The third person was not a party to the agreement. Maier then filed a partition action in court to have the agreement enforced. The court found that the partition was invalid because it was not made in accordance with the law. The court held that a partition of real property must be made by all of the owners of the property, and not just two of them. Therefore, the partition agreement between Maier and Boyle was not valid and could not be enforced.

    Frequently Asked Questions About Partitions in Encinitas

    The costs of a partition action, including attorney fees, court fees, appraiser fees, and other legal expenses, are typically around $10,000 to $15,000 for less complex cases. These fees are shared among the co-owners. However, the court may adjust the distribution of these costs based on each party’s level of involvement or responsibility, allowing for a fairer allocation when needed.

    A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.

    In Encinitas, 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).

    Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.

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

    Our Encinitas 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 (760) 999-3300 or contact us online today.

    Talkov Law San Diego Office

    11622 El Camino Real Ste 100
    San Diego, CA 92130
    Phone: (858) 800-3300

    Talkov Law San Diego Del Mar Office

    Carlsbad, Solana Beach, Del Mar, Rancho Santa Fe, La Jolla, San Marcos, Vista, Oceanside, Leucadia, Cardiff-by-the-Sea, Olivenhain, and La Costa

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        Offices Throughout California

        Los Angeles Partition Attorneys
        10880 Wilshire Blvd Ste 1101
        Los Angeles, CA 90024
        Phone: (310) 496-3300

        Orange County Partition Attorneys
        4000 MacArthur Blvd Ste 655
        Newport Beach, CA 92660
        Phone: (949) 888-8800

        San Jose Partition Attorneys
        99 S. Almaden Blvd Suite 600
        San Jose, CA 95113
        Phone: (408) 777-6800

        San Diego Partition Attorneys
        11622 El Camino Real Ste 100
        San Diego, CA 92130
        Phone: (858) 800-3300

        San Francisco Partition Attorneys
        50 California St, Ste 1500
        San Francisco, CA 94111
        Phone: (415) 966-3300

        Riverside Partition Attorneys
        3610 Central Ave, Ste 400
        Riverside, CA 92506
        Phone: (951) 888-3300

        Sacramento Partition Attorneys
        500 Capitol Mall, Suite 2350
        Sacramento, CA 95814
        Phone: (916) 668-3300

        The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.