Partition Attorney

California’s #1 Team of Partition Attorneys!

Ending Co-Ownership Disputes: California Partition Attorneys in Los Angeles, Orange County, San Francisco, Riverside, San Diego, San Jose, Sacramento, and Surrounding Areas in California

Free Partition Consultation – Pay Only When You Win!

If You Don’t Call Us, Your Co-Owner Will

The partition attorneys at Talkov Law assist co-owners of real estate to end co-ownership disputes in California. We can help you obtain the equity you are owed. Many times, one co-owner refuses to cooperate in a sale. We end these disputes through a partition action in California, which is the only court ordered process to solve these real estate co-ownership disputes.

In a partition action, the court will divide the property fairly between the parties in two phases:

1. Forcing the sale of the property in a partition by sale. In this phase, a Realtor will be hired to market the property on the open market to obtain the highest price. Sometimes, the buyer is the co-owner in possession of the property.
2.  Dividing the proceeds of sale. In this phase, co-owners can assert any offsets for payments of the mortgage, taxes, insurance, repairs, improvements, rental value, and otherwise. The court can also award attorney’s fees, usually to the party who filed the partition.

Common Co-Ownership Disputes that We Resolve

Partition actions are very common among co-owners in California. There are many different examples of partition actions, but all contain co-owners who disagree on what to do with jointly owned property. Among the most frequent parties in partition actions are:

• Former boyfriends and girlfriends
• Parents and children
• Siblings, especially after jointly inheriting a family home
• Cousins, aunts and uncles
• Friends
• Co-investors in real estate
• Post-divorce joint owners

However the parties ended up in the co-ownership relationship, there is only one way to end those disputes: a partition action.

In most cases, the length of time for a partition action is only a few months, and the cost of the partition will be several thousand dollars. However, the result will be that plaintiffs will have a check in their hand without the worries of co-ownership.

Below, our partition attorneys discuss some of the frequently asked questions about partition actions in California.

If you have further questions after reading this article, we invite you to contact us at Talkov Law.

What Happens in a Partition Action?

Nearly all partition action are partition by sale. After filing the partition complaint and serving the defendants, the court will generally order that the property be marketed for sale by a court-appointed partition referee. That referee will hire a Realtor to market the property on the MLS (Multiple Listing Service) so that the offers are at the full market value.

However, in many cases, the co-owner in possession will make a settlement offer to the co-owner filing the partition to purchase their interest for an amount that is equivalent to what the plaintiff would receive if the partition action resulted in a sale of the property. These settlements short-circuit the delays, headaches and attorney’s fees incurred in prolonged litigation. 

In rare cases, there are other forms of partition that can be used. In a partition by appraisal, the parties agree on the buyer and method of appraisal of the property to allow one or more parties to be bought out. In a partition in kind, usually used for vacant land, the property can be physically divided. Single family homes are generally ineligible for this form of partition.

The Right to Partition in California

Commonly, when there is disagreement where one or more co-owner of a property may want to sell the property, but another co-owner does not agree to sell, a partition action can help force the sale of the property fairly and equitably among the joint owners.

Fortunately, the right to a partition action is absolute in California, meaning that the right to partition a property is achievable by any co-owner, no matter how small or large their interest in the property may be. Once filed with the courts, a partition action cannot be “stopped” by a party who does not wish to sell the property unless the parties can resolve the dispute by settling. As the courts have explained, “the right to partition is absolute, and cannot be denied,

‘either because of any supposed difficulty, nor on the suggestion that the interest of the cotenants will be promoted by refusing the application or temporarily postponing action, . . .’” 

Priddel v. Shankie (1945) 69 Cal.App. 2d 319, 325.

Are There Defenses to a Partition Action?

Many times, parties ask if a partition action can be stopped, and whether there are affirmative defenses to a partition action. In all but the rarest of cases, there is no defense to a partition action. When there is a defense, it will usually consist of a written waiver of the right to partition in a tenants in common agreement. However, this is extremely rare as most co-owners do not have any written agreement relating to their co-ownership arrangement. 

How Much Does a Partition Action Cost and Who Will Pay the Attorney’s Fees?

Perhaps the most common question we are asked is the cost of a partition action in California. Usually, the cost will range from $8,000 to $12,000, depending upon the complexity. Given our experience, we are able to win a partition action and produce a better result at a lower cost in a faster manner than many firms without such expertise. Often times, there is an uncooperative tenant or co-owner at the property who is in no rush to leave. Our experience will make sure that the occupants cooperate or pay the price both financially and possibly through paying your attorneys fees for the partition. In rare cases, partition actions give rise to related disputes, such as a quiet title action, which can increase the cost of a partition action.

Can I Recover Offsets for the Mortgages, Taxes, Insurance, Repairs, Improvements, and Rental Value?

After the property is sold, every partition involves an accounting wherein owners can recover partition offsets. If one co-owner made improvements, paid the taxes or paid the mortgage, this will be the time to recoup those payments. Even further, if one co-owner has been in possession or has retained the rent, an argument can be raised to recover the rental value of the property.

Frequently Asked Questions about Partition Actions in California

The partition attorneys at Talkov Law are handling numerous partition lawsuits at any given time. With our experience, we can easily answer the common questions as found in our Ultimate Guide to Partition Actions in California, including: 

How Do I File a Partition Action in California?

A partition action begins with filing a complaint in the county courthouse where the property is located, though consulting an experienced partition attorney is recommended to avoid mistakes. If a co-owner does not respond, a request for a default judgment can be filed; if they do respond, they usually file an answer. 

A partition referee may be appointed to sell the property, and any claims for additional proceeds (offsets) will be addressed in court. Most cases settle before a final trial on distribution, but partition lawyers can sometimes resolve the matter through a judgment approving the sale and addressing offsets.

What Are the Pros and Cons of a Partition Action?

PROS: Resolves disputes among co-owners, allows for reimbursement of property-related costs, may cover attorney’s fees, and can achieve a higher sale price than a contentious sale. 

CONS: Can be time-consuming, involves court interactions, and risks the property being sold to a third party, though proceeds are fairly divided.

How Long Does It Take to Win a Partition Action?

In less complex partition cases, the process from hiring an attorney to selling the property typically takes 6 to 8 months. However, if there is a co-ownership dispute, it may add an additional 2 to 6 months to the overall timeline.

Can a Partition Action Be Stopped? How Do I Stop a Partition Action?

Any co-owner has the absolute right to file a partition action, regardless of their interest size. Once filed, the action cannot be halted by a party opposed to selling the property unless a settlement is reached. However, resolution techniques can be used to gain the consent of the other co-owners and potentially stop the action.

How Do I Choose a Partition Attorney in California?

Experience in partition actions can save you time and money by resolving disputes quickly. Our experienced partition attorneys at Talkov Law have nearly two decades of real estate litigation expertise, handling issues like quiet title, escrow problems, and damage calculations. 

Our case results speak for themselves with over $211 million in real estate sold or refinanced through partitions. Our attorneys focus on resolving cases promptly, avoiding excessive legal fees, and prioritizing settlements, as 98% of partition cases conclude without trial. Our firm’s strategic approach ensures efficient outcomes, often within months, and our satisfied client reviews highlight our commitment to success in partition actions.

Experience With Over 370 Partition Actions Across California

Do I Need a Partition Lawyer?

There can be nothing more frustrating than co-ownership of real estate in California. Many times, one co-owner of property is paying the mortgage, while another co-owner lives at the property without making any contribution to the property. Other times, the property was inherited, perhaps years ago, making partition the only way to unlock the value of the property. Eventually, tenancy-in-common and joint-tenancy get old, and co-owners seek to end this unhealthy property co-ownership relationship. While parties may have purchased the property as tenants-in-common because they are family, friends, or fellow investors, the relationship often turns out to be something other than the parties expected.

Our partition attorneys in California bring an end to real estate co-ownership disputes. We accomplish this goal through the only court ordered process to do so: by filing a partition action in California. Our experience means that we can do so efficiently and effectively.

If You Don’t Call Us, Your Co-Owner Will

Call Today (844) 4-TALKOV (825568) 

Call Today to Speak With a Partition Lawyer

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With seven, full-time partition lawyers, Talkov Law is the #1 Partition Law Firm in California and has handled over 370 partition actions throughout California. Every case has resulted in a sale to either a third party or one of the co-owners. Not a single court has denied our clients the right to partition or declared our client to be a non-owner. Plus, for qualified cases, there is no fee until we settle or win your case!

Rest easy knowing you’re backed by the unparalleled expertise of Talkov Law. With our award-winning attorneys and proven track record, your case is in the hands of trusted professionals committed to delivering the results you deserve

Our President, Scott Talkov, has been recognized as a Super Lawyer, an honor given to the top 5% of attorneys for their professional achievements and peer recognition, particularly in real estate law and partition actions.

If you are looking to end your co-ownership relationship, it is critical to protect your rights and speak to an experienced and creative real estate litigator. Call Talkov Law today at (844) 4-TALKOV (825568) or contact us online for a FREE case consultation today.

More Resources About Partition Actions in California

• How to File a Partition Lawsuit
• What are the Pros and Cons of a Partition Action?
• Partition Action Forms
• Partition Offsets and Accounting in California
• How to Win a Partition Action
• How Long Does a Partition Action Take?
• Can a partition action be stopped in California?
• Affirmative Defenses to a Partition Action
• When Do I Need a Partition Action?
• How to Find the Right Partition Attorney