Pacifica Partition Lawyer

Partition Action Attorneys in Pacifica

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.

Talkov Law’s attorneys serving San Mateo County are exceptionally experienced in California partition actions and have conducted over 370 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.
• How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
• What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
• 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 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 or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.