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 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? 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.
- 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- 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.
- 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.
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.