Experienced Partition 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not feasible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
- 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 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.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
Speak to Our Marin County Partition Attorneys Today
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Partition Actions in Marin County
Partitions are quite common in Marin County. 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.
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.
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 the nearby areas of Alameda County, Contra Costa County, Sonoma County, San Francisco County, San Mateo County, Napa County, Solano County including Marin County, California. Here are the most populated cities in Marin County in comma separated format: San Rafael, Novato, Mill Valley, San Anselmo, Larkspur, Corte Madera, Tiburon, Fairfax, Ross, Belvedere, Sausalito.