Experienced Partition Attorneys Serving Oceanside
Talkov Law’s attorneys serving San Diego 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 a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
- 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).
- 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.
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
Speak to Our Oceanside Partition Attorneys Today
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Partition Actions in Oceanside
Partitions are quite common in Oceanside. According to Zillow, the median home value in Oceanside, California is $567,400 as of 2021. As of 2020, the population of the California area of Oceanside is estimated to be around 175,912.
Oceanside is a coastal city located in San Diego County, California. It is situated on the Pacific Ocean, just south of Camp Pendleton, the largest Marine Corps base on the West Coast. Oceanside is known for its beautiful beaches, harbor, and pier, as well as its vibrant downtown area. The city is home to a variety of attractions, including the California Surf Museum, the Oceanside Museum of Art, and the Oceanside Pier. Oceanside is also a popular destination for outdoor activities, such as surfing, fishing, and kayaking. With its mild climate and close proximity to San Diego, Oceanside is a great place to live, work, and play.
Corey v. City of San Diego – Partition Action Case Study
In the legal case of Corey v. City of San Diego, 163 Cal.App.2d 65 (1958), the issue of partition was at the center of the dispute. The plaintiff, Corey, owned a parcel of land that was divided into two lots. The defendant, the City of San Diego, owned the lot adjacent to Corey’s. Corey sought to partition the two lots, but the City refused to do so. The City argued that the partition would be detrimental to the public interest, as it would create a narrow strip of land between the two lots that would be difficult to develop. The court ultimately ruled in favor of Corey, finding that the City had no legal basis to deny the partition. The court also noted that the City had failed to provide any evidence that the partition would be detrimental to the public interest.
Contact our Team of Experienced Partition Lawyers Serving the City of Oceanside in the County of San Diego, 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 (760) 999-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Oceanside, California serve San Diego County and surrounding areas including Carlsbad, Vista, San Marcos, Escondido, Encinitas, Solana Beach, Del Mar, Rancho Santa Fe.
