Partition Actions in Santa Barbara
Santa Barbara is a beautiful coastal city located in Southern California, about 100 miles northwest of Los Angeles. It is known for its Mediterranean climate, stunning beaches, and Spanish-style architecture. The city is home to a variety of attractions, including the Santa Barbara Mission, Stearns Wharf, and the Santa Barbara Zoo. Santa Barbara is also a popular destination for wine tasting, shopping, and outdoor activities such as hiking, biking, and kayaking. With its stunning scenery, vibrant culture, and endless activities, Santa Barbara is a great place to visit or live.
According to Zillow, the median home value in Santa Barbara, California is $1,072,400 as of 2021. As of July 1, 2019, the population of the Santa Barbara area of California was 431,906.
Experienced Real Estate Partition Action Attorneys Serving Santa Barbara
Talkov Law’s attorneys serving Santa Barbara County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect is that these statutes provide a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- What is a partition action and when is it necessary?
- 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.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- 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.
Hayne v. Gould – Partition Action Case Study
In the legal case of Hayne v. Gould, 54 F. 951 (1893), the issue was whether a partition of real estate was valid. The plaintiff, Hayne, had purchased a tract of land from the defendant, Gould, and then sought to partition the land into two separate parcels. Gould argued that the partition was invalid because it was not done in accordance with the terms of the deed. The court held that the partition was valid, as the deed did not explicitly prohibit it. The court also held that the partition did not violate the terms of the deed, as the deed did not specify how the land was to be divided. The court concluded that the partition was valid and that Gould was not entitled to any compensation for the partition.
Contact our Team of Experienced Partition Lawyers Serving the City of Santa Barbara 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.