Talkov Law’s attorneys serving Santa Barbara County are exceptionally experienced in California partition actions and have conducted over 450 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:
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- How does a partition action work in California?
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.
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.
Frequently Asked Questions About Partitions in Santa Barbara County
How Much Does a Partition Action Cost in Santa Barbara County?
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 Santa Barbara County?
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 Santa Barbara County, 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 Santa Barbara County?
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 Santa Barbara County, California
Our Santa Barbara County 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 (805) 880-8800 or contact us online today.
Serving Areas Throughout California
Santa Maria, Lompoc, Goleta, Santa Barbara, Carpinteria, Buellton, Solvang, Guadalupe, Montecito, Summerland, Isla Vista, and Santa Ynez
