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:

• 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.
• Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
• 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.
• What is a partition action and when is it necessary?
• What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.