Lemon Grove Real Estate Partition Lawyer
Talkov Law’s attorneys serving San Diego County are exceptionally experienced in California partition actions and have conducted over 470 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:
- 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.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- Can a partition action be stopped? 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.
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.
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.
Frequently Asked Questions About Partitions in Lemon Grove
How Much Does a Partition Action Cost in Lemon Grove?
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 Lemon Grove?
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 Lemon Grove, 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 Lemon Grove?
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 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 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
La Mesa, Spring Valley, San Diego, National City, and Bonita
