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. 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:
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- Who pays for a partition action? In California, 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).
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 Santa Cruz County, California
Our Santa Cruz 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 (831) 999-9900 or contact us online today.
Our partition attorneys in Santa Cruz County also serve Santa Cruz, Watsonville, Capitola, Scotts Valley, Live Oak, Aptos, Soquel, Felton, Ben Lomond, and Boulder Creek