WEBSITE VISITOR IP NOTIFICATIONS

Monterey County Partition Lawyer

Partition Actions in Monterey County

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.

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.

Experienced Real Estate Partition Action Attorneys Serving Monterey County

Talkov Law’s attorneys serving Monterey 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 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.
  • 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.
  • Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
  • 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.
  • How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.

Speak to Our Monterey County Partition Attorneys Today

Call our Monterey County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (831) 999-9900 or contact us below to schedule a free, 15-minute consultation

    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 Monterey County, California

    Our Monterey County 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 (831) 999-9900 or contact us online today.

    Talkov Law is Rated 5 out of 5 stars based on 50 customer reviews.

    Contact Us Today for a Free Consultation & Pay No Retainer

    Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down

      Awards and Recognition

      US News and World Report Scott Talkov

      We Have Been Featured On:

      The Real Deal

      The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.