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Escondido Partition Lawyer

Partition Actions in Escondido

Escondido is a city located in San Diego County, California. It is situated in a valley surrounded by mountains, about 30 miles (48 km) northeast of downtown San Diego. Escondido is known for its beautiful scenery, outdoor activities, and vibrant culture. The city is home to a variety of attractions, including the San Diego Zoo Safari Park, the California Center for the Arts, and the San Diego Zoo. Escondido is also home to a number of wineries, breweries, and restaurants. The city is a popular destination for outdoor enthusiasts, with its many parks, trails, and golf courses. Escondido is a great place to live, work, and play.

According to Zillow, the median home value in Escondido, California is $541,400 as of 2021. As of July 2020, the population of the Escondido, California area is 151,945.

Experienced Real Estate Partition Action Attorneys Serving Escondido

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 are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
  • 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.
  • In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
  • 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.
  • Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.

Speak to Our Escondido 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

    Doe ex dem. McCall v. Carpenter – Partition Action Case Study

    In the legal case of Doe ex dem. McCall v. Carpenter, 59 U.S. 297 (1855), the issue was whether a partition of land could be made between two parties who had conflicting claims to the same land. The plaintiff, McCall, had purchased the land from the original owner, while the defendant, Carpenter, had obtained a deed from the original owner’s heir. The court held that the partition could not be made, as the conflicting claims could not be reconciled. The court also held that the plaintiff was entitled to the land, as his deed was the first in time.

    Contact our Team of Experienced Partition Lawyers Serving the City of Escondido 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.

    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

    Our partition attorneys in Escondido also serve San Marcos, Vista, Rancho Bernardo, Poway, and Ramona.

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    Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down

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