Partition Actions in Monterey
Monterey is a coastal city located in Monterey County, California. It is situated on the Monterey Bay along the Pacific coast, about 120 miles south of San Francisco. Monterey is known for its stunning natural beauty, with its rugged coastline, rolling hills, and lush forests. It is also home to a variety of attractions, including the Monterey Bay Aquarium, Cannery Row, Fisherman’s Wharf, and the Monterey Bay National Marine Sanctuary. The city is also a popular destination for outdoor activities such as kayaking, whale watching, and hiking. Monterey is a great place to visit for its stunning scenery, rich history, and vibrant culture.
According to Zillow, the median home value in Monterey, California is $717,400 as of 2021. As of July 1, 2019, the population of the Monterey area of California was 431,717.
Experienced Real Estate Partition Action Attorneys Serving Monterey
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 are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- 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.
- 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.
- How does a partition action work in California?
Sullivan v. Lumsden – Partition Action Case Study
In the legal case of Sullivan v. Lumsden, 118 Cal. 664 (1897), the partition issues revolved around the division of a parcel of land owned by the parties. The court had to determine whether the land should be divided into two equal parts, or if the parties should be allowed to divide the land in a way that would be more beneficial to them. The court ultimately decided that the parties should be allowed to divide the land in a way that would be more beneficial to them, as long as it was done in a fair and equitable manner. The court also held that the parties should be allowed to make any necessary improvements to the land in order to make it more valuable.
Contact our Team of Experienced Partition Lawyers Serving the City of Monterey 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.