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. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

• Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
• 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.
• Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
• How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
• Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.