Oakley Partition Lawyer

Partition Actions in Oakley

Oakley is a city located in Contra Costa County, California. It is situated in the East Bay region of the San Francisco Bay Area. The city is known for its rural atmosphere and is home to many parks, trails, and open spaces. Oakley is a great place to live for those who enjoy outdoor activities such as hiking, biking, and fishing. The city also has a vibrant downtown area with a variety of restaurants, shops, and entertainment venues. Oakley is a great place to live for those who want to be close to the Bay Area but still enjoy a small-town feel.

According to Zillow, the median home value in Oakley, California is $541,400 as of 2021. As of the 2020 United States Census, the population of Oakley, California is 44,844.

Experienced Real Estate Partition Action Attorneys Serving Oakley

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 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.
  • How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
  • 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.
  • Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
  • 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 Oakley 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

    Powers v. Powers – Partition Action Case Study

    In the legal case of Powers v. Powers, 221 Cal.App.2d 746 (1963), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a family ranch. The siblings had inherited the ranch from their father, and the sister wanted to partition the ranch into two separate parcels, while the brother wanted to keep the ranch intact. The court ultimately ruled in favor of the sister, finding that the brother had failed to show that partition would be detrimental to the ranch. The court also found that the brother had failed to show that the sister’s proposed partition would be inequitable or unfair. The court also noted that the brother had failed to present any evidence that the partition would be detrimental to the ranch.

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

    Our Oakley 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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