Goleta Real Estate Partition Lawyer
Talkov Law’s attorneys serving Santa Barbara County are exceptionally experienced in California partition actions and have conducted over 470 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 also provide a way for co-owners to force the sale of the property if they cannot agree on how to divide it. The partition statutes also set out the procedures for the sale of the property and how the proceeds of the sale will be divided among the co-owners. The partition statutes also provide for the payment of costs associated with the sale of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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 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).
- 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.
- 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.
Goleta is a city located in Santa Barbara County, California. It is situated on the Pacific coast, just north of Santa Barbara. The city is known for its beautiful beaches, lush parks, and vibrant downtown area. Goleta is home to the University of California, Santa Barbara, as well as a number of tech companies. The city is also known for its diverse population, with a mix of students, professionals, and families. Goleta is a great place to live, work, and play, with plenty of outdoor activities, shopping, and dining options.
Speak to Our Goleta Partition Attorneys Today
Call our Santa Barbara County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (805) 880-8800 or contact us below to schedule a free, 15-minute consultation
Sipe v. Correa – Partition Action Case Study
In the legal case of Sipe v. Correa, 38 Cal.2d 131 (1951), the issue was whether a partition of real property by a court-appointed referee was valid. The plaintiff, Sipe, owned a parcel of land with his brother, Correa. The two brothers could not agree on how to divide the land, so they asked the court to appoint a referee to divide the land. The referee divided the land into two parcels, one for each brother. Sipe argued that the partition was invalid because the referee had not followed the proper procedures for partitioning the land. The court held that the partition was valid, as the referee had followed the proper procedures and had acted in good faith. The court also held that the partition was binding on both parties, and that Sipe could not challenge the partition after it had been made.
Frequently Asked Questions About Partitions in Goleta
How Much Does a Partition Action Cost in Goleta?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Goleta?
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 Goleta, 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 Goleta?
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 Goleta, County of Santa Barbara, California
Our Goleta partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys 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 (805) 880-8800 or contact us online today.
Serving Areas Throughout California
Santa Barbara, Isla Vista, Montecito, Carpinteria, Summerland, Los Olivos, Solvang, Buellton, Lompoc, and Santa Ynez
