Partition Actions in Salinas
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.
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.
Experienced Real Estate Partition Action 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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect is that these statutes provide a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- How does a partition action work in California?
Speak to Our Salinas Partition Attorneys Today
Call our Monterey County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (831) 999-9900 or contact us below to schedule a free, 15-minute consultation
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, County of Monterey, California
Our Salinas 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 (831) 999-9900 or contact us online today.
Our partition attorneys in Salinas also serve Monterey, Carmel, Pacific Grove, Marina, Seaside, Castroville, Moss Landing, Alisal, Boronda, Creekbridge, East Salinas, Laurel West, Maple Park, North Salinas, South Salinas, and Toro Park
