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San Diego Partition Lawyer

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. 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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
  • When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
  • 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.
  • 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.
  • What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.

Speak to Our San Diego 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

    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.

    Talkov Law San Diego Office

    11622 El Camino Real Ste 100
    San Diego, CA 92130
    Phone: (858) 800-3300

    Talkov Law San Diego Del Mar Office

    Our partition attorneys in San Diego also serve La Jolla, Del Mar, Encinitas, Carlsbad, Oceanside, Escondido, Chula Vista, and Coronado.

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