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 resolve disputes over the division of the property. The partition statutes provide that the partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- 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 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.
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 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.