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. 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 sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- 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.
- 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.
- 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.
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 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.