Partition Actions in San Marcos
San Marcos is a city in the North County region of San Diego County, California. It is located in the San Marcos Valley, just east of the city of Carlsbad. The city is home to California State University San Marcos, Palomar College, and the University of St. Augustine for Health Sciences. San Marcos is known for its vibrant downtown area, which features a variety of restaurants, shops, and entertainment venues. The city is also home to several parks, including Walnut Grove Park, Double Peak Park, and Discovery Lake. San Marcos is a great place to live, work, and play, and is a popular destination for visitors from all over the world.
According to Zillow, the median home value in San Marcos, California is $619,400 as of 2021. As of 2020, the population of the San Marcos area of California is 97,805.
Experienced Real Estate Partition Action Attorneys Serving San Marcos
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 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:
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- 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.
- 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.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
Hamilton v. MacDonald – Partition Action Case Study
In the legal case of Hamilton v. MacDonald, 503 F.2d 1138 (1974), the issue was whether a partition of real property was proper. The dispute arose when the plaintiff, Hamilton, and the defendant, MacDonald, inherited a parcel of real property from their father. Hamilton wanted to partition the property, while MacDonald wanted to keep it intact. The court had to decide whether the partition was proper under the applicable state law. The court ultimately held that the partition was proper, as the state law allowed for the partition of real property in certain circumstances.
Contact our Team of Experienced Partition Lawyers Serving the City of San Marcos 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 (760) 999-3300 or contact us online for a free consultation about your co-ownership issues.