San Diego County Partition Lawyer

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 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:

• 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.
• 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.
• What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
• Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
• How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.