Talkov Law’s attorneys serving San Diego County are exceptionally experienced in California partition actions and have conducted over 450 partitions for our satisfied clients. 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:
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
La Mesa is a city located in San Diego County, California. It is situated in a valley surrounded by mountains just east of San Diego. La Mesa is known for its small-town charm and is home to a variety of restaurants, shops, and parks. The city is also home to a vibrant arts and culture scene, with a variety of galleries, museums, and performing arts venues. La Mesa is a great place to live, work, and play, and is a popular destination for visitors from all over the world.
Speak to Our La Mesa 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 (858) 800-3300 or contact us below to schedule a free, 15-minute consultation
McCracken v. McCracken – Partition Action Case Study
In the legal case of McCracken v. McCracken, 75 Cal.App.2d 872 (1946), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their father’s estate. The siblings had inherited the estate upon their father’s death, and the court was tasked with determining how to divide the estate between them. The court found that the siblings had agreed to a partition of the estate, but that the agreement was not legally binding. The court then ordered a partition of the estate, which was to be done in a manner that was fair and equitable to both parties. The court also ordered that the siblings be given the opportunity to purchase the other’s share of the estate if they so desired. The court’s decision was ultimately upheld on appeal.
Frequently Asked Questions About Partitions in La Mesa
How Much Does a Partition Action Cost in La Mesa?
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 La Mesa?
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 La Mesa, 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 La Mesa?
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 La Mesa, County of San Diego, California
Our La Mesa 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 (858) 800-3300 or contact us online today.
Talkov Law San Diego Office
11622 El Camino Real Ste 100
San Diego, CA 92130
Phone: (858) 800-3300
Serving Areas Throughout California
San Diego, El Cajon, Lemon Grove, Spring Valley, Santee, San Carlos, and Mount Helix
