Partition Actions in Santa Barbara County
Santa Barbara County is a county located on the Central Coast of California. It is the fifth-most populous county in California, with a population of 431,895 as of 2020. The county seat is Santa Barbara, the largest city in the county and the county’s only incorporated city. Santa Barbara County is known for its Mediterranean climate, beautiful beaches, and wine country. It is home to the University of California, Santa Barbara, and is a popular tourist destination. The county is home to a variety of industries, including agriculture, technology, and tourism. It is also home to several national parks and monuments, including the Channel Islands National Park and the Santa Ynez Mountains.
The median home value in Santa Barbara County, California is $735,000 as of 2021. As of July 1, 2019, the population of Santa Barbara County, California was 441,073.
Experienced Real Estate Partition Action Attorneys Serving Santa Barbara County
Talkov Law’s attorneys serving Santa Barbara 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 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.
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- 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.
- 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).
Speak to Our Santa Barbara County Partition Attorneys Today
Call our Santa Barbara County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (805) 880-8800 or contact us below to schedule a free, 15-minute consultation
Blackburn v. Drake – Partition Action Case Study
In the legal case of Blackburn v. Drake, 211 Cal.App.2d 806 (1963), the issue was whether a partition of real property was proper. The dispute arose when the plaintiff, Blackburn, and the defendant, Drake, inherited a parcel of real property from their father. Drake wanted to partition the property, while Blackburn wanted to keep it intact. The court found that the partition was proper, as the property was not held in joint tenancy and the partition would not cause any prejudice to either party. The court also found that the partition would not interfere with the rights of any third parties, and that it was in the best interests of both parties.
Contact our Team of Experienced Partition Lawyers Serving the Santa Barbara County County in the County of Santa Barbara, 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 (805) 880-8800 or contact us online for a free consultation about your co-ownership issues.