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:
- 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.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
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.