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. 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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).
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
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.