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Santa Barbara County Partition Lawyer

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:

  • Can a partition action be stopped? 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.
  • 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.
  • 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.
  • When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
  • How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.

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 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 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 at (805) 880-8800 or contact us online today.

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