Experienced Partition Attorneys Serving Santa Cruz County
Talkov Law’s attorneys serving Santa Cruz 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 of the partition statutes is that it provides 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:
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- 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.
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
Speak to Our Santa Cruz County Partition Attorneys Today
End your co-ownership in Santa Cruz County today. You don’t pay until the house is sold!
Call us at (831) 999-9900
Partition Actions in Santa Cruz County
Partitions are quite common in Santa Cruz County. According to Zillow, the median home value in Santa Cruz County, California is $845,000 as of 2021. As of July 1, 2019, the population of Santa Cruz County, California was 271,807.
Santa Cruz County is a county located on the Pacific coast of California, south of San Francisco. It is known for its beautiful beaches, redwood forests, and its vibrant culture. The county seat is Santa Cruz, and the largest city is Watsonville. Santa Cruz County is home to the University of California, Santa Cruz, and the Santa Cruz Beach Boardwalk. The county is also home to a variety of outdoor activities, including surfing, hiking, and camping. Santa Cruz County is a popular tourist destination, and is known for its laid-back atmosphere and relaxed lifestyle.
Burnett v. Piercy – Partition Action Case Study
In the legal case of Burnett v. Piercy, 149 Cal. 178 (1906), the issue was whether a partition of real property could be made without the consent of all the owners. The plaintiff, Burnett, owned a one-third interest in a piece of real property with two other owners, Piercy and another individual. Piercy and the other owner wanted to partition the property, but Burnett refused to consent. Piercy and the other owner then sought to partition the property without Burnett’s consent. The court held that a partition of real property could not be made without the consent of all the owners, and thus the partition was invalid. This case established the principle that all owners must consent to a partition of real property.
Contact our Team of Experienced Partition Lawyers Serving the Santa Cruz County County in the County of Santa Cruz, 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 (831) 999-9900 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Santa Cruz County also serve the nearby areas of Monterey County, San Benito County, Santa Clara County including Santa Cruz, Watsonville, Capitola, Scotts Valley, Live Oak, Aptos, Soquel, Felton, Ben Lomond, Boulder Creek