Gonzales Real Estate Partition Lawyer
Talkov Law’s attorneys serving Monterey County are exceptionally experienced in California partition actions and have conducted over 470 for our satisfied clients. California partition actions allows for the division of real property owned by two or more persons. This statute allows for the court to order the sale of the property and the division of the proceeds among the owners. The court may also order the property to be physically divided among the owners. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the court finds that a physical division of the property would be impractical or inequitable. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property. The legal effect of the California partition statute is that it allows for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- What is a partition action and when is it necessary?
- 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 the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
Gonzales is a small city located in Monterey County, California. It is situated in the Salinas Valley, about 8 miles east of the city of Salinas. The population of Gonzales is 8,187 as of the 2020 census. The city is known for its agricultural production, with many farms and ranches in the area. Gonzales is also home to a variety of businesses, including a winery, a brewery, and a distillery. The city is also home to a number of parks and recreational areas, including the Gonzales River Park and the Gonzales Community Center. Gonzales is a great place to live, work, and play, and is a great place to visit for its small-town charm and friendly atmosphere.
Speak to Our Gonzales Partition Attorneys Today
Call our Monterey County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (831) 999-9900 or contact us below to schedule a free, 15-minute consultation
Clifford v. Tarcha – Partition Action Case Study
In the legal case of Clifford v. Tarcha, 2002 WL 343401, B151531 (6-Mar-2002) , the partition issue at hand was whether the trial court erred in granting a partition of the property owned by the parties. The parties had purchased the property as joint tenants, but the wife had since moved out and the husband had remained in the property. The wife sought a partition of the property, and the trial court granted her request. The husband appealed, arguing that the trial court should have denied the partition because the wife had abandoned the property and had no right to a partition. The appellate court disagreed, finding that the wife had not abandoned the property and that she was entitled to a partition. The court also found that the trial court had properly considered the equities of the situation and had not abused its discretion in granting the partition.
Frequently Asked Questions About Partitions in Gonzales
How Much Does a Partition Action Cost in Gonzales?
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 Gonzales?
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 Gonzales, 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 Gonzales?
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 Gonzales, County of Monterey, California
Our Gonzales 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 (831) 999-9900 or contact us online today.
Serving Areas Throughout California
Salinas, Soledad, King City, Greenfield, and Chualar
