San Luis Obispo County Partition Lawyer

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. The population of San Luis Obispo County, California is 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. California partition actions allows for the division of real property owned by two or more persons. This statute allows for the court to order the sale of the property and the division of the proceeds among the owners. The court may also order the property to be physically divided among the owners. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the court finds that a physical division of the property would be impractical or inequitable. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property. The legal effect of the California partition statute is that it allows for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property.

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

• What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
• What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
• 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).
• 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.
• 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.