Pittsburg Partition Lawyer

Partition Action Attorneys in Pittsburg

Pittsburg is a city located in Contra Costa County, California. It is situated in the East Bay region of the San Francisco Bay Area, and is a suburb of Oakland and San Francisco. Pittsburg is known for its diverse population, its waterfront, and its historic downtown. The city is home to a variety of businesses, including a large steel mill, a port, and a variety of restaurants and shops. The city is also home to a number of parks, including the Delta de Anza Regional Trail, which offers scenic views of the San Joaquin River. Pittsburg is also home to a number of annual festivals and events, including the Pittsburg Seafood Festival and the Pittsburg Jazz Festival.

Talkov Law’s attorneys serving Contra Costa 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 sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

• 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.
• 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 happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
• 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.