Santa Cruz County Partition Lawyer

Partition Actions in Santa Cruz County

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.

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.

Experienced Real Estate Partition Action 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:

  • What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
  • Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
  • 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 steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
  • How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.

Speak to Our Santa Cruz County Partition Attorneys Today

Call our Santa Cruz County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (831) 999-9900 or contact us below to schedule a free, 15-minute consultation

    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 Aptos, Capitola, Soquel, Scotts Valley, Watsonville, and Santa Cruz.

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