Talkov Law’s attorneys serving San Diego County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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:
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace. De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
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.
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.
Frequently Asked Questions About Partitions in Oceanside
How Much Does a Partition Action Cost in Oceanside?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Oceanside?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In Oceanside, 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).
Can a Partition Action Be Stopped in Oceanside?
Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
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 Partition Attorneys 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, call (760) 999-3300 or contact us online today.
Talkov Law San Diego Office
11622 El Camino Real Ste 100
San Diego, CA 92130
Phone: (858) 800-3300
Serving Areas Throughout California
Carlsbad, Vista, San Marcos, Escondido, Encinitas, Solana Beach, Del Mar, and Rancho Santa Fe
