Talkov Law’s attorneys serving Contra Costa County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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:
- 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 pays for a partition action? In California, 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).
- 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.
- 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
- 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.
San Ramon is a city located in the San Francisco Bay Area of California. It is situated in Contra Costa County, about 34 miles east of San Francisco. San Ramon is a vibrant and growing city, known for its excellent schools, parks, and recreational activities. San Ramon is home to several corporate headquarters, including Chevron, 24 Hour Fitness, and the Global Software Center. The city also boasts a variety of shopping, dining, and entertainment options. San Ramon is a great place to live, work, and play.
Speak to Our San Ramon Partition Attorneys Today
Call our Contra Costa County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (925) 999-7700 or contact us below to schedule a free, 15-minute consultation
Kearney v. Taylor – Partition Action Case Study
In the legal case of Kearney v. Taylor, 56 U.S. 494 (1853), is a legal case that deals with the issue of partition. Partition is a legal process in which a court divides a piece of property among two or more parties. In this case, the plaintiff, Kearney, was the owner of a tract of land in the state of Missouri. The defendant, Taylor, was the owner of an adjoining tract of land. Kearney sought to have the court partition the two tracts of land, but Taylor objected, claiming that the two tracts of land were so intermingled that it was impossible to divide them. The court ultimately held that the two tracts of land could not be partitioned, and that Kearney was entitled to the entire tract of land. This case is important because it established the legal principle that when two tracts of land are so intermingled that it is impossible to divide them, the court will not order a partition.
Frequently Asked Questions About Partitions in San Ramon
How Much Does a Partition Action Cost in San Ramon?
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 Ramon?
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 Ramon, 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 Ramon?
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 Ramon, County of Contra Costa, California
Our San Ramon 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 (925) 999-7700 or contact us online today.
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Dublin, Pleasanton, Danville, Alamo, Walnut Creek, Lafayette, Moraga, and Orinda
