Experienced Partition Attorneys Serving San Diego County
Talkov Law’s attorneys serving San Diego 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 feasible, 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:
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- Can a partition action be stopped? 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.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- 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.
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
Speak to Our San Diego County Partition Attorneys Today
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Partition Actions in San Diego County
Partitions are quite common in San Diego County. 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.
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.
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 the nearby areas of Imperial County, Orange County, Riverside County, San Bernardino County including San Diego, Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, Santee, Poway, Imperial Beach, Lemon Grove, Coronado, Solana Beach, Del Mar.