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:

  • 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.
  • What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
  • Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
  • Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
  • What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.

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, County of Marin, California

    Our San Rafael partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law, call (415) 966-3300 or contact us online today.

    Talkov Law is Rated 5 out of 5 stars based on 103 customer reviews.

    Contact Us Today for a Free Consultation & Pay No Retainer

    Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down







        Awards and Recognition

        US News and World Report Scott Talkov

        We Have Been Featured On:

        The Real Deal

        Offices Throughout California

        Los Angeles Office
        10880 Wilshire Blvd Ste 1101
        Los Angeles, CA 90024
        Phone: (310) 496-3300

        Orange County Office
        4000 MacArthur Blvd Ste 655
        Newport Beach, CA 92660
        Phone: (949) 888-8800

        San Jose Office
        99 S. Almaden Blvd Suite 600
        San Jose, CA 95113
        Phone: (408) 777-6800

        San Diego Office
        11622 El Camino Real Ste 100
        San Diego, CA 92130
        Phone: (858) 800-3300

        San Francisco Office
        50 California St, Ste 1500
        San Francisco, CA 94111
        Phone: (415) 966-3300

        Riverside Office
        3610 Central Ave, Ste 400
        Riverside, CA 92506
        Phone: (951) 888-3300

        Sacramento Office
        500 Capitol Mall, Suite 2350
        Sacramento, CA 95814
        Phone: (916) 668-3300

        The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.