Talkov Law’s attorneys serving Marin County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
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.
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.
Frequently Asked Questions About Partitions in San Rafael
How Much Does a Partition Action Cost in San Rafael?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in San Rafael?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In San Rafael, 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).
Can a Partition Action Be Stopped in San Rafael?
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.
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 Partition Attorneys 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.
Serving Areas Throughout California
Novato, San Anselmo, Fairfax, Ross, Kentfield, Larkspur, Corte Madera, Mill Valley, Tiburon, Sausalito, Terra Linda, Marinwood, Santa Venetia, and Lucas Valley
