Martinez Real Estate Partition Lawyer
Talkov Law’s attorneys serving Contra Costa County are exceptionally experienced in California partition actions and have conducted over 470 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 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 possible, 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 are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- 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.
Martinez is a city in Contra Costa County, California, located in the East Bay region of the San Francisco Bay Area. It is the county seat of Contra Costa County and is situated in the San Francisco Bay Area’s East Bay region. Martinez is known for its historical downtown, which includes the Contra Costa County Courthouse, the Martinez Adobe, and the John Muir National Historic Site. The city is also home to the Martinez Regional Shoreline, a large park along the Carquinez Strait. Martinez is a popular destination for outdoor recreation, with its many parks, trails, and waterfront activities. The city is also home to a vibrant arts and culture scene, with a variety of galleries, museums, and performing arts venues.
Speak to Our Martinez Partition Attorneys Today
Call our Contra Costa County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (925) 999-7700 or contact us below to schedule a free, 15-minute consultation
Richards v. Cal. Mining & Dredging Syndicate – Partition Action Case Study
In the legal case of Richards v. Cal. Mining & Dredging Syndicate, 7 Cal.2d 196 (1936), the issue of partition was at the center of the dispute. The case involved a dispute between two parties over the ownership of a mining claim. The plaintiff, Richards, claimed that he owned the entire claim, while the defendant, Cal. Mining & Dredging Syndicate, claimed that it owned a portion of the claim. The court had to determine whether the claim should be partitioned between the two parties or whether Richards should be awarded the entire claim. The court ultimately ruled that the claim should be partitioned between the two parties, with Richards receiving the larger portion. The court also ruled that the defendant was entitled to compensation for the portion of the claim that it was awarded.
Frequently Asked Questions About Partitions in Martinez
How Much Does a Partition Action Cost in Martinez?
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 Martinez?
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 Martinez, 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 Martinez?
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 Martinez, County of Contra Costa, California
Our Martinez 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 (925) 999-7700 or contact us online today.
Serving Areas Throughout California
Concord, Pleasant Hill, Walnut Creek, Lafayette, Orinda, Moraga, Alamo, Danville, San Ramon, Dublin, Pleasanton, and Benicia
