Experienced Partition Attorneys Serving Salinas
Talkov Law’s attorneys serving Monterey 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 also provide a way for co-owners to force the sale of the property if they cannot agree on how to divide it. The partition statutes also set out the procedures for the sale of the property and how the proceeds of the sale will be divided among the co-owners. The partition statutes also provide for the payment of costs associated with the sale of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
- 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.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
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Partition Actions in Salinas
Partitions are quite common in Salinas. According to Zillow, the median home value in Salinas, California is $541,400 as of 2021. As of July 1, 2019, the population of the Salinas, California area was 467,639.
Salinas is a city located in Monterey County, California. It is the county seat and largest municipality of Monterey County. Salinas is known as the “Salad Bowl of the World” due to its large agricultural industry. The city is home to a variety of attractions, including the National Steinbeck Center, the Salinas Valley Fair, and the California Rodeo. Salinas is also home to a number of parks, including the Salinas River National Wildlife Refuge and the Salinas Sports Complex. The city is a popular destination for outdoor activities such as hiking, biking, and fishing. Salinas is also home to a vibrant arts and culture scene, with a variety of galleries, museums, and performing arts venues.
Darbee & Immel Oyster & Land Co. v. Pacific Oyster Co. – Partition Action Case Study
In the legal case of Darbee & Immel Oyster & Land Co. v. Pacific Oyster Co., 150 Cal. 392 (1907), the issue of partition was at the center of the dispute. The case involved a dispute between two oyster companies over the ownership of a certain oyster bed. The oyster bed was located in a navigable bay and was owned by the state of California. The two companies had both been granted leases to the oyster bed by the state, but the leases had expired. The two companies disagreed over who had the right to the oyster bed, and the court was asked to decide who had the right to the oyster bed. The court held that the oyster bed should be partitioned between the two companies, with each company receiving an equal share of the oyster bed. The court also held that the oyster bed should be divided in such a way that each company would have access to the same amount of oysters. The court’s decision in this case established the legal principle that when two parties have conflicting claims to a piece of property, the property should be partitioned in an equitable manner.
Contact our Team of Experienced Partition Lawyers Serving the City of Salinas in the County of Monterey, 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 (831) 999-9900 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Salinas, California serve Monterey County and surrounding areas including Monterey, Carmel, Pacific Grove, Marina, Seaside, Castroville, Moss Landing.