Moraga Partition Lawyer

Partition Actions in Moraga

Moraga is a small town located in the San Francisco Bay Area of California. It is situated in Contra Costa County, about 17 miles east of Oakland. The town has a population of approximately 17,000 people and is known for its small-town charm and rural atmosphere. The town is home to several parks, including the Moraga Commons Park, which features a playground, picnic areas, and a lake. The town also has a variety of shops and restaurants, as well as a movie theater. Moraga is also home to Saint Mary’s College of California, a private Catholic college. The town is known for its excellent schools and its safe, family-friendly atmosphere.

According to Zillow, the median home value in Moraga, California is $1,092,400 as of 2021. As of the 2020 United States Census, the population of Moraga, California was 17,722.

Experienced Real Estate Partition Action Attorneys Serving Moraga

Talkov Law’s attorneys serving Contra Costa 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:

  • When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
  • 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.
  • 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.
  • What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
  • 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.

Speak to Our Moraga Partition Attorneys Today

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

Call us at (925) 999-7700 or contact us below to schedule a free, 15-minute consultation

    Johnson v. Greenelsh – Partition Action Case Study

    In the legal case of Johnson v. Greenelsh, 2008 WL 44486, B195449 (3-Jan-2008) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the dispute arose when one sibling wanted to sell the home and the other wanted to keep it. The court had to decide whether the siblings should be allowed to partition the home, meaning that each sibling would receive a portion of the home. The court ultimately ruled that partition was not an appropriate solution in this case, as it would not be equitable to the siblings. The court instead ordered that the home be sold and the proceeds divided between the siblings.

    Contact our Team of Experienced Partition Lawyers Serving the City of Moraga, County of Contra Costa, California

    Our Moraga 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 (925) 999-7700 or contact us online today.

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