Lemon Grove Partition Lawyer

Partition Actions in Lemon Grove

Lemon Grove is a city in San Diego County, California. It is located in the southeastern part of the county, just east of the city of San Diego. The city is known for its large lemon-shaped water tower, which is visible from many parts of the city. Lemon Grove is home to a variety of businesses, including a large shopping center, a variety of restaurants, and a number of parks and recreational facilities. The city is also home to a number of schools, including Lemon Grove Elementary School, Lemon Grove Middle School, and Lemon Grove Academy.

According to Zillow, the median home value in Lemon Grove, California is $541,400 as of 2021. As of the 2020 United States Census, the population of Lemon Grove, California was 25,320.

Experienced Real Estate Partition Action Attorneys Serving Lemon Grove

Talkov Law’s attorneys serving San Diego County are exceptionally experienced in the area of California partition actions. 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:

  • What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
  • 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 types of properties can be subject to a partition action in California? All co-owned real or 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.
  • How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.

Speak to Our Lemon Grove 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

    Tewksbury v. O’Connell – Partition Action Case Study

    In the legal case of Tewksbury v. O’Connell, 21 Cal. 60 (1862), the issue was whether a partition of real property could be made without the consent of all the owners. The case involved a dispute between two brothers, Tewksbury and O’Connell, who owned a parcel of land in California. Tewksbury wanted to partition the land, but O’Connell refused to consent. The court held that a partition of real property could not be made without the consent of all the owners, and that O’Connell had the right to refuse to consent to the partition. The court also held that the partition could not be made without the consent of all the owners, even if it was in the best interests of the parties involved. This case established the principle that all owners must consent to a partition of real property.

    Contact our Team of Experienced Partition Lawyers Serving the City of Lemon Grove, County of San Diego, California

    Our Lemon Grove 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 (858) 800-3300 or contact us online today.

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    San Diego, CA 92130
    Phone: (858) 800-3300

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