Partition Actions in San Diego
San Diego is a coastal city in the U.S. state of California. It is located on the coast of the Pacific Ocean in Southern California, approximately 120 miles south of Los Angeles and immediately adjacent to the border with Mexico. San Diego is the second-largest city in California and the eighth-largest city in the United States. It is known for its mild year-round climate, natural deep-water harbor, extensive beaches, long association with the U.S. Navy, and recent emergence as a healthcare and biotechnology development center. San Diego has been called “the birthplace of California”.
According to Zillow, the median home value in San Diego, California is $637,400 as of 2021. As of July 2020, the population of the San Diego area of California is estimated to be 3,338,330.
Experienced Real Estate Partition Action Attorneys Serving San Diego
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 sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
Anaheim Union Water Co. v. Ashcroft – Partition Action Case Study
In the legal case of Anaheim Union Water Co. v. Ashcroft, 153 Cal. 152 (1908), the issue of partition was at the center of the dispute. The case involved a dispute between Anaheim Union Water Company and the Ashcroft family over the ownership of a parcel of land. The Ashcroft family had purchased the land from the Anaheim Union Water Company, but the company had failed to properly partition the land, resulting in the Ashcroft family owning a portion of the land that was not legally theirs. The court ultimately ruled in favor of the Ashcroft family, finding that the Anaheim Union Water Company had failed to properly partition the land and that the Ashcroft family was entitled to the portion of the land that they had purchased.
Contact our Team of Experienced Partition Lawyers Serving the City of San Diego 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.