Partition Actions 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.
According to Zillow, the median home value in Pacifica, California is $919,400 as of 2021. As of the 2020 United States Census, the population of Pacifica, California was 43,738.
Experienced Real Estate Partition Action Attorneys Serving Pacifica
Talkov Law’s attorneys serving San Mateo County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
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.
Contact our Team of Experienced Partition Lawyers Serving the City of Pacifica in the County of San Mateo, 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 (650) 999-3300 or contact us online for a free consultation about your co-ownership issues.