San Rafael Partition Lawyer

Partition Actions in San Rafael

San Rafael is a city in Marin County, California, located in the North Bay region of the San Francisco Bay Area. It is the county seat of Marin County and is located just north of San Francisco. San Rafael is known for its mild climate, natural beauty, and vibrant downtown. The city is home to a variety of attractions, including the Mission San Rafael Arcangel, the Marin County Civic Center, and the Marin County Fairgrounds. San Rafael is also home to a number of parks, trails, and open spaces, including China Camp State Park, McNears Beach Park, and the Marin County Open Space District. The city is also home to a number of cultural institutions, including the Marin Museum of Contemporary Art, the Marin Symphony, and the Marin Theatre Company.

According to Zillow, the median home value in San Rafael, California is $1,039,400 as of 2021. As of 2020, the population of San Rafael, California is estimated to be 58,921.

Experienced Real Estate Partition Action Attorneys Serving San Rafael

Talkov Law’s attorneys serving Marin County are exceptionally experienced in the area of California partition actions. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.

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

  • 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 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 type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
  • Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
  • 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.

Speak to Our San Rafael Partition Attorneys Today

Call our Marin County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (415) 966-3300 or contact us below to schedule a free, 15-minute consultation

    McLeod v. Reyes – Partition Action Case Study

    In the legal case of McLeod v. Reyes, 4 Cal.App.2d 143 (1935), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of land in California. The plaintiff, McLeod, sought to partition the land, while the defendant, Reyes, argued that the land should not be partitioned. The court ultimately ruled in favor of McLeod, finding that the land should be partitioned. The court noted that the parties had a right to partition the land, and that the partition should be made in a manner that would be fair and equitable to both parties. The court also noted that the partition should be made in a way that would not cause unnecessary hardship to either party.

    Contact our Team of Experienced Partition Lawyers Serving the City of San Rafael in the County of Marin, 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 (415) 966-3300 or contact us online for a free consultation about your co-ownership issues.

    Our partition attorneys in San Rafael also serve Terra Linda, Marinwood, Santa Venetia, Lucas Valley, and Novato.

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