Mill Valley Partition Lawyer

Partition Actions in Mill Valley

Mill Valley is a city located in Marin County, California. It is situated in the foothills of Mount Tamalpais, just north of San Francisco. The city is known for its picturesque views of the San Francisco Bay, its vibrant downtown, and its proximity to outdoor recreation. Mill Valley is home to a variety of restaurants, shops, and galleries, as well as a number of parks and trails. The city is also home to a number of notable residents, including musicians, actors, and writers. Mill Valley is a popular destination for visitors looking to explore the beauty of Northern California.

According to Zillow, the median home value in Mill Valley, California is $1,541,400 as of 2021. As of the 2019 US Census, the population of Mill Valley, California was 13,903.

Experienced Real Estate Partition Action Attorneys Serving Mill Valley

Talkov Law’s attorneys serving Marin County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes also provide a way for co-owners to force the sale of the property if they cannot agree on how to divide it. The partition statutes also set out the procedures for the sale of the property and how the proceeds of the sale will be divided among the co-owners. The partition statutes also provide for the payment of costs associated with the sale of the property.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
  • Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
  • How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
  • Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
  • What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.

Speak to Our Mill Valley 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

    Su-Chin Lin Shen v. Wang – Partition Action Case Study

    In the legal case of Su-Chin Lin Shen v. Wang, 2010 WL 1613313, B214142 (22-Apr-2010) , the partition issues revolved around the ownership of a property located in Los Angeles County, California. The property was owned by the plaintiff, Su-Chin Lin Shen, and the defendant, Wang. The dispute arose when Wang refused to pay his share of the mortgage payments and taxes on the property. The court found that the parties had an implied agreement to partition the property, and that Wang was liable for his share of the mortgage payments and taxes. The court ordered Wang to pay his share of the mortgage payments and taxes, and to reimburse Shen for her share of the payments and taxes that she had already paid. The court also ordered the parties to partition the property, with each party receiving an equal share.

    Contact our Team of Experienced Partition Lawyers Serving the City of Mill Valley, County of Marin, California

    Our Mill Valley partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 at (415) 966-3300 or contact us online today.

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