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 resolve disputes over the division of the property. The partition statutes provide that the partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. 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:
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- 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.
- 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.
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.
Our partition attorneys in San Luis Obispo County also serve Arroyo Grande, Pismo Beach, Grover Beach, Morro Bay, Atascadero, Paso Robles, Templeton, and Cambria.