Talkov Law’s attorneys serving San Mateo 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:
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- 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 a partition action and when is it necessary?
- 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 attorneys fees incurred or paid by a party for the common benefit. California Code of Civil Procedure 874.010(a).
Pacifica is a coastal city in San Mateo County, California, located about 20 miles south of San Francisco. It is known for its stunning beaches, rugged coastline, and breathtaking views of the Pacific Ocean. Pacifica is home to a variety of outdoor activities, including surfing, fishing, and hiking. The city is also home to a number of restaurants, shops, and art galleries. Pacifica is a great place to visit for a day trip or a weekend getaway.
Speak to Our Pacifica Partition Attorneys Today
Call our San Mateo County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (650) 999-3300 or contact us below to schedule a free, 15-minute consultation
Rich v. Smith – Partition Action Case Study
In the legal case of Rich v. Smith, 26 Cal.App. 775 (1915), the issue of partition was at the center of the dispute. The case involved two brothers, Rich and Smith, who had inherited a piece of real estate from their father. Rich wanted to partition the property, meaning that he wanted to divide it into two separate pieces of land, one for each brother. Smith, however, refused to agree to the partition, claiming that the property was too valuable to be divided. The court ultimately ruled in favor of Rich, ordering that the property be partitioned according to the terms of the will. The court also ordered Smith to pay Rich’s legal costs. The case serves as an example of how partition issues can arise in the context of inheritance disputes.
Frequently Asked Questions About Partitions in Pacifica
How Much Does a Partition Action Cost in Pacifica?
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 Pacifica?
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 Pacifica, 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 Pacifica?
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 Pacifica, County of San Mateo, California
Our Pacifica 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 (650) 999-3300 or contact us online today.
Serving Areas Throughout California
Daly City, San Bruno, South San Francisco, Colma, Montara, Moss Beach, Half Moon Bay, Linda Mar, Fairmont, Park Pacifica, Pedro Point, Rockaway Beach, Sharp Park, and Westview