Experienced Partition Attorneys Serving Encinitas
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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What is a partition action and when is it necessary?
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
Speak to Our Encinitas Partition Attorneys Today
End your co-ownership in San Diego County today. You don’t pay until the house is sold!
Call us at (760) 999-3300
Partition Actions in Encinitas
Partitions are quite common in Encinitas. According to Zillow, the median home value in Encinitas, California is $1,072,400 as of 2021. As of 2020, the population of the California area of Encinitas is estimated to be around 65,845.
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.
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.
Contact our Team of Experienced Partition Lawyers Serving the City of Encinitas 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 (760) 999-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Encinitas, California serve San Diego County and surrounding areas including Carlsbad, Solana Beach, Del Mar, Rancho Santa Fe, La Jolla, San Marcos, Vista, Oceanside.
