Talkov Law’s attorneys serving Monterey County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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 resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- 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.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
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.
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.
Frequently Asked Questions About Partitions in Salinas
How Much Does a Partition Action Cost in Salinas?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Salinas?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In Salinas, 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).
Can a Partition Action Be Stopped in Salinas?
Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
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 Partition Attorneys 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 (831) 999-9900 or contact us online today.
