WEBSITE VISITOR IP NOTIFICATIONS

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. California partition actions allows for the division of real property owned by two or more persons. This statute allows for the court to order the sale of the property and the division of the proceeds among the owners. The court may also order the property to be physically divided among the owners. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the court finds that a physical division of the property would be impractical or inequitable. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property. The legal effect of the California partition statute is that it allows for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property.

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

  • Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
  • What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
  • What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
  • Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
  • Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.

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 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.

    Talkov Law San Diego Office

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

    Talkov Law San Diego Del Mar Office

    Our partition attorneys in Oceanside also serve Carlsbad, Vista, San Marcos, Escondido, and Encinitas.

    Talkov Law is Rated 5 out of 5 stars based on 52 customer reviews.

    Contact Us Today for a Free Consultation & Pay No Retainer

    Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down

      Awards and Recognition

      US News and World Report Scott Talkov

      We Have Been Featured On:

      The Real Deal

      Recent Blog Posts

      The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.