Experienced Partition 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:
- 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.
- 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 referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
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Partition Actions in Santa Barbara County
Partitions are quite common in Santa Barbara County. 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.
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.
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.
Our partition attorneys in Santa Barbara County also serve the nearby areas of Ventura County, San Luis Obispo County, Kern County, Los Angeles County including Santa Maria, Lompoc, Goleta, Santa Barbara, Carpinteria, Buellton, Solvang, Guadalupe.