Partition Action Attorneys in Fairfax
Fairfax is a small city located in Marin County, California. It is situated in the San Francisco Bay Area, just north of San Rafael. The city is known for its vibrant downtown area, which features a variety of shops, restaurants, and galleries. It is also home to the Fairfax Farmers Market, which is held every Sunday. The city is surrounded by beautiful open spaces, including the Marin Headlands, Mount Tamalpais State Park, and the Golden Gate National Recreation Area. Fairfax is a great place to live, work, and play, offering a unique blend of urban and rural living.
Talkov Law’s attorneys serving Marin County are exceptionally experienced in California partition actions and have conducted over 390 partitions for our satisfied clients. 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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. 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:
- How does a partition action work in California?
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- 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.
- 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.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
Speak to Our Fairfax Partition Attorneys Today
Call our Marin County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (415) 966-3300 or contact us below to schedule a free, 15-minute consultation
Akhbari v. Nateghi – Partition Action Case Study
In the legal case of Akhbari v. Nateghi, 2002 WL 1764418, G028931 (31-Jul-2002) , the partition issues revolved around the ownership of a property located in Orange County, California. The plaintiff, Akhbari, claimed that he owned the property in its entirety, while the defendant, Nateghi, argued that he owned a one-half interest in the property. The court found that the parties had entered into an oral agreement in which they agreed to divide the property into two equal parts, with each party owning a one-half interest. The court further found that the parties had intended to divide the property in a manner that would be fair and equitable to both parties. The court ultimately ruled in favor of the defendant, finding that he was entitled to a one-half interest in the property.
Frequently Asked Questions About Partitions in Fairfax
How Much Does a Partition Action Cost in Fairfax?
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.
Who Can File a Partition Action in Fairfax?
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.
Who Pays for a Partition Action?
In Fairfax, 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 Partition Action Be Stopped in Fairfax?
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 Fairfax, County of Marin, California
Our Fairfax 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 (415) 966-3300 or contact us online today.
Serving Areas Throughout California
San Anselmo, Ross, Kentfield, Larkspur, Corte Madera, Mill Valley, San Rafael, Sleepy Hollow, and Woodacre