Partition Actions in San Luis Obispo County
San Luis Obispo County is a county located on the Central Coast of California. It is bordered by Monterey County to the north, Kern County to the east, Santa Barbara County to the south, and the Pacific Ocean to the west. The county seat is San Luis Obispo. The county is known for its beautiful beaches, rolling hills, and vineyards. It is home to several state parks, including Montana de Oro State Park, Morro Bay State Park, and Pismo State Beach. The county is also home to several universities, including California Polytechnic State University, Cuesta College, and Cal Poly San Luis Obispo. The county is a popular tourist destination, with attractions such as Hearst Castle, the Mission San Luis Obispo de Tolosa, and the historic downtown area of San Luis Obispo.
According to Zillow, the median home value in San Luis Obispo County is $637,400 as of 2021. As of July 2020, the population of San Luis Obispo County, California was 295,912.
Experienced Real Estate Partition Action Attorneys Serving San Luis Obispo County
Talkov Law’s attorneys serving San Luis Obispo 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.
- 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.
- How does a partition action work in California?
- 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.
- Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
Speak to Our San Luis Obispo County Partition Attorneys Today
Call our San Luis Obispo County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (805) 880-8800 or contact us below to schedule a free, 15-minute consultation
Broome v. Broome – Partition Action Case Study
In the legal case of Broome v. Broome, 179 Cal. 638 (1919), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their father’s estate. The siblings had inherited the estate upon their father’s death, and the court was tasked with determining how to divide the estate between them. The court had to consider the value of the estate, the rights of each sibling, and the best way to divide the estate in a fair and equitable manner. The court ultimately decided that the estate should be divided equally between the siblings, with each receiving an equal share of the estate.
Contact our Team of Experienced Partition Lawyers Serving the San Luis Obispo County County in the County of San Luis Obispo, 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 (805) 880-8800 or contact us online for a free consultation about your co-ownership issues.