Talkov Law’s attorneys serving Monterey County are exceptionally experienced in California partition actions and have conducted over 400 partitions 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:
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- 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.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- 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.
Marina is a city in Monterey County, California, United States. Marina is located on the central coast of California, 8 miles (13 km) west of Salinas, and 8 miles (13 km) north of Monterey. Marina is a popular destination for visitors to the Monterey Bay area, with its beaches, marinas, and coastal trails. The city is home to the Marina State Beach, Fort Ord Dunes State Park, and the Monterey Bay Coastal Recreation Trail. Marina is also home to the California State University, Monterey Bay, and the Monterey Bay Aquarium.
Speak to Our Marina Partition Attorneys Today
Call our Monterey County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (831) 999-9900 or contact us below to schedule a free, 15-minute consultation
Willard v. Willard – Partition Action Case Study
In the legal case of Willard v. Willard, 145 U.S. 116 (1892), the issue was whether a partition of real estate could be made without the consent of all the owners. The case involved a dispute between two siblings, Mary Willard and her brother, John Willard, over the partition of their father’s real estate. Mary argued that the partition should be made without her brother’s consent, while John argued that the partition could not be made without his consent. The Supreme Court ultimately held that a partition of real estate could not be made without the consent of all the owners. The Court reasoned that a partition of real estate was a matter of contract, and that all parties must agree to the terms of the contract in order for it to be valid.
Frequently Asked Questions About Partitions in Marina
How Much Does a Partition Action Cost in Marina?
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 Marina?
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 Marina, 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 Marina?
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 Marina, County of Monterey, California
Our Marina 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 (831) 999-9900 or contact us online today.
