Poway Partition Lawyer

Partition Actions in Poway

Poway is a city located in San Diego County, California. It is located in the foothills of the Cuyamaca Mountains and is a suburb of San Diego. The city is known for its rural atmosphere and outdoor activities. Poway is home to a variety of parks, trails, and open spaces, including Lake Poway, Iron Mountain, and Blue Sky Ecological Reserve. The city also has a vibrant downtown area with a variety of shops, restaurants, and entertainment venues. Poway is a great place to live for those looking for a small-town feel with easy access to the amenities of a larger city.

According to Zillow, the median home value in Poway, California is $717,400 as of 2021. As of 2020, the population of the California area of Poway is 48,521.

Experienced Real Estate Partition Action Attorneys Serving Poway

Talkov Law’s attorneys serving San Diego County are exceptionally experienced in the area of California partition actions. 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:

  • What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
  • How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
  • 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 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.
  • 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

Speak to Our Poway Partition Attorneys Today

Call our San Diego County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (858) 800-3300 or contact us below to schedule a free, 15-minute consultation

    O’Bryant v. Bosserman – Partition Action Case Study

    In the legal case of O’Bryant v. Bosserman, 94 Cal.App.2d 353 (1949), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, O’Bryant, sought to partition the property, while the defendant, Bosserman, argued that the property should not be partitioned. The court ultimately ruled in favor of O’Bryant, finding that partition was the appropriate remedy in the case. The court noted that partition was the only way to ensure that each co-owner received their fair share of the property. The court also noted that partition was the only way to ensure that the rights of each co-owner were respected and that the property was divided in a fair and equitable manner.

    Contact our Team of Experienced Partition Lawyers Serving the City of Poway, County of San Diego, California

    Our Poway partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 (858) 800-3300 or contact us online today.

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    11622 El Camino Real Ste 100
    San Diego, CA 92130
    Phone: (858) 800-3300

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