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Marin County Partition Lawyer

Partition Actions in Marin County

Marin County is a county located in the San Francisco Bay Area of California. It is the second-smallest county in the state, with a population of approximately 250,000. The county is known for its natural beauty, with its rolling hills, redwood forests, and coastal beaches. It is home to several state and national parks, including Muir Woods National Monument, Point Reyes National Seashore, and Mount Tamalpais State Park. The county is also home to several affluent communities, including Tiburon, Mill Valley, and Sausalito. Marin County is a popular destination for outdoor recreation, with its many hiking trails, biking paths, and kayaking spots. It is also home to several cultural attractions, including the Marin Center for the Performing Arts, the Marin Museum of Contemporary Art, and the Marin County Fair.

The median home value in Marin County, California is $1,092,400 as of 2021. As of July 1, 2019, the population of Marin County, California was 259,824.

Experienced Real Estate Partition Action Attorneys Serving Marin County

Talkov Law’s attorneys serving Marin 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:

  • Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
  • What is a partition action and when is it necessary?
  • How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
  • In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
  • What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.

Speak to Our Marin County Partition Attorneys Today

Call our Marin County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (415) 966-3300 or contact us below to schedule a free, 15-minute consultation

    Butte Creek Island Ranch v. Crim – Partition Action Case Study

    In the legal case of Butte Creek Island Ranch v. Crim, 136 Cal.App.3d 360 (1982), the issue of partition was at the center of the dispute. The case involved a dispute between two parties over the ownership of a parcel of land. The plaintiff, Butte Creek Island Ranch, claimed that the defendant, Crim, had unlawfully partitioned the land into two separate parcels without the plaintiff’s consent. The court found that the partition was invalid because it was not done in accordance with the law. The court also found that the partition had caused the plaintiff to suffer damages, and ordered the defendant to pay the plaintiff for those damages. The court also ordered the defendant to restore the land to its original condition.

    Contact our Team of Experienced Partition Lawyers Serving the Marin County County in the County of Marin, California.

    Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (415) 966-3300 or contact us online for a free consultation about your co-ownership issues.

    Our partition attorneys in Marin County also serve Sausalito, Mill Valley, Tiburon, Belvedere, Corte Madera, Larkspur, San Rafael, Novato, and Fairfax.

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