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Ross Partition Lawyer

Partition Actions in Ross

Ross is a small city located in Marin County, California. It is situated in the San Francisco Bay Area, just north of San Francisco. Ross is known for its small-town charm and its picturesque views of the surrounding hills and valleys. The city is home to a variety of shops, restaurants, and other businesses, as well as a number of parks and recreational areas. Ross is also home to a number of historic sites, including the Ross Valley Historical Society and the Ross Valley Museum. The city is a popular destination for visitors looking to explore the area’s natural beauty and enjoy the many activities available in the area.

According to Zillow, the median home value in Ross, California is $2,717,400. The population of the California area of Ross is estimated to be around 2,400 people.

Experienced Real Estate Partition Action Attorneys Serving Ross

Talkov Law’s attorneys serving Marin 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:

  • 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 is a partition action and when is it necessary?
  • What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
  • 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.
  • 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).

Speak to Our Ross Partition Attorneys Today

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

Call us at (415) 966-3300 or contact us below to schedule a free, 15-minute consultation

    Ring v. Marradi – Partition Action Case Study

    In the legal case of Ring v. Marradi, 2005 WL 2271160, D044309 (19-Sep-2005) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and each had a one-half interest in the property. The siblings had been living together in the home for many years, but had recently become estranged. The plaintiff, Ring, sought to partition the property, while the defendant, Marradi, sought to retain exclusive possession of the home. The court ultimately found that partition was the appropriate remedy, and ordered the property to be divided into two equal parts. The court also ordered that each sibling be awarded one-half of the proceeds from the sale of the property.

    Contact our Team of Experienced Partition Lawyers Serving the City of Ross, County of Marin, California

    Our Ross 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 at (415) 966-3300 or contact us online today.

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