Experienced Partition Attorneys Serving Monterey County
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 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:
- 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.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
Speak to Our Monterey County Partition Attorneys Today
End your co-ownership in Monterey County today. You don’t pay until the house is sold!
Call us at (831) 999-9900
Partition Actions in Monterey County
Partitions are quite common in Monterey County. According to Zillow, the median home value in Monterey County, California is $717,400 as of 2021. As of July 1, 2019, the population of Monterey County, California was 467,637.
Monterey County is a county located on the central coast of California. It is home to the cities of Monterey, Salinas, and Santa Cruz. The county is known for its stunning coastline, rolling hills, and agricultural production. It is home to the Monterey Bay Aquarium, the Monterey Jazz Festival, and the Big Sur International Marathon. Monterey County is also home to several national parks, including Point Lobos State Natural Reserve, Pinnacles National Park, and the Monterey Bay National Marine Sanctuary. The county is a popular tourist destination, with its beaches, wineries, and golf courses.
Blodgett v. Haddock – Partition Action Case Study
In the legal case of Blodgett v. Haddock, 95 Cal.App.2d 17 (1949), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Blodgett, sought to partition the property, while the defendant, Haddock, argued that the property should not be partitioned. The court ultimately ruled in favor of Blodgett, finding that partition was the appropriate remedy in the case. The court noted that partition was the only way to ensure that each co-owner received their fair share of the property. The court also noted that partition would allow each co-owner to enjoy the use and benefit of the property, as well as to protect their respective interests in the property.
Contact our Team of Experienced Partition Lawyers Serving the Monterey County County 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.
Our partition attorneys in Monterey County also serve the nearby areas of Santa Cruz County, San Benito County, San Luis Obispo County, Kings County, Fresno County, Merced County, Stanislaus County including Salinas, Monterey, Marina, Seaside, Pacific Grove, King City, Greenfield, Soledad, Gonzales, Del Rey Oaks
