Partition Actions in Marina
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.
According to Zillow, the median home value in Marina, California is $541,400 as of 2021. As of 2020, the population of the California area of Marina is estimated to be around 21,717.
Experienced Real Estate Partition Action Attorneys Serving Marina
Talkov Law’s attorneys serving Monterey 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 does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
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.
Contact our Team of Experienced Partition Lawyers Serving the City of Marina in the County of Monterey, 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 (831) 999-9900 or contact us online for a free consultation about your co-ownership issues.