Partition Actions in San Diego County
San Diego County is a county in the southwestern corner of the U.S. state of California. As of the 2010 census, the population was 3,095,313, making it California’s second-most populous county and the fifth-most populous in the United States. Its county seat is San Diego, the eighth-most populous city in the United States. It is the southwesternmost county in the 48 contiguous United States. San Diego County comprises the San Diego-Carlsbad, CA Metropolitan Statistical Area, the 17th most populous metropolitan statistical area and the 18th most populous primary statistical area of the United States as of July 1, 2012. San Diego is also part of the San Diego–Tijuana metropolitan area, the largest metropolitan area shared between the United States and Mexico. San Diego County has 70 miles (110 km) of coastline. Most of the county has a mild Mediterranean climate to semiarid climate, though there are mountains that receive frost and snow in the wintertime.
According to Zillow, the median home value in San Diego County is $619,000 as of 2021. As of July 1, 2020, the population of San Diego County, California was 3,343,364.
Experienced Real Estate Partition Action Attorneys Serving San Diego County
Talkov Law’s attorneys serving San Diego 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 happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- 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.
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- 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.
Speak to Our San Diego County Partition Attorneys Today
Call our San Diego County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (858) 800-3300 or contact us below to schedule a free, 15-minute consultation
14859 Moorpark Homeowner’s Ass’n v. VRT Corp. – Partition Action Case Study
In the legal case of 14859 Moorpark Homeowner’s Ass’n v. VRT Corp., 63 Cal.App.4th 1396 (1998), the issue of partition was at the center of the dispute. The homeowners association (HOA) and the developer, VRT Corporation, had entered into a contract that provided for the partition of a common area of the development into separate parcels. The HOA argued that the contract required the developer to partition the common area into separate parcels, while the developer argued that the contract only required it to provide the HOA with the right to partition the common area. The court ultimately held that the contract did not require the developer to partition the common area, but instead only required it to provide the HOA with the right to partition the common area.
Contact our Team of Experienced Partition Lawyers Serving the San Diego County County in the County of San Diego, 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 (858) 800-3300 or contact us online for a free consultation about your co-ownership issues.
Talkov Law San Diego Office
11622 El Camino Real Ste 100
San Diego, CA 92130
Phone: (858) 800-3300
Our partition attorneys in San Diego County also serve La Jolla, Del Mar, Encinitas, Carlsbad, Oceanside, Escondido, Chula Vista, and Coronado.