Oceanside Partition Lawyer

Partition Actions in Oceanside

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.

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.

Experienced Real Estate Partition Action Attorneys Serving Oceanside

Talkov Law’s attorneys serving San Diego County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
  • 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.
  • Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
  • Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
  • Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.

Speak to Our Oceanside Partition Attorneys Today

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

Call us at (760) 999-3300 or contact us below to schedule a free, 15-minute consultation

    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, County of San Diego, California

    Our Oceanside 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 (760) 999-3300 or contact us online today.

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    11622 El Camino Real Ste 100
    San Diego, CA 92130
    Phone: (858) 800-3300

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