Talkov Law’s attorneys serving San Luis Obispo County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.
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 action and when is it necessary?
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- 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.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
Grover Beach is a small coastal city located in San Luis Obispo County, California. It is situated on the Pacific Ocean, just south of Pismo Beach and north of Arroyo Grande. The city is known for its beautiful beaches, which are popular for swimming, surfing, and other water activities. Grover Beach also offers a variety of outdoor activities, such as hiking, biking, and camping. The city is home to a variety of restaurants, shops, and other attractions, making it a great destination for a weekend getaway.
Speak to Our Grover Beach Partition Attorneys Today
Call our San Luis Obispo 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
Nguyen v. Le – Partition Action Case Study
In the legal case of Nguyen v. Le, 2023 WL 354729, G061299 (23-Jan-2023) , the partition issues revolve around the division of a property owned by the two parties. The plaintiff, Nguyen, is seeking to partition the property, which is owned jointly by both parties, into two separate parcels. The defendant, Le, is arguing that the property should remain undivided and that Nguyen should be compensated for her share of the property. The court must decide whether to grant the partition or to deny it and award compensation to Nguyen. The court must also consider the potential impact of the partition on the value of the property and the rights of both parties.
Frequently Asked Questions About Partitions in Grover Beach
How Much Does a Partition Action Cost in Grover Beach?
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 Grover Beach?
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 Grover Beach, 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 Grover Beach?
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 Grover Beach, County of San Luis Obispo, California
Our Grover Beach 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
Arroyo Grande, Pismo Beach, Oceano, Shell Beach, and Avila Beach
