WEBSITE VISITOR IP NOTIFICATIONS

Santa Cruz Partition Lawyer

Partition Actions in Santa Cruz

Santa Cruz is a coastal city in Santa Cruz County, California, located on the northern edge of Monterey Bay, about 72 miles (116 km) south of San Francisco. It is known for its moderate climate, natural environment, and beach culture. Santa Cruz is home to the University of California, Santa Cruz, a public research university and the Santa Cruz Beach Boardwalk, an oceanfront amusement park. The city is also home to a variety of cultural attractions, including the Santa Cruz Museum of Art and History, the Santa Cruz Surfing Museum, and the Santa Cruz Wharf. The city is also known for its vibrant nightlife, with a variety of bars, clubs, and restaurants.

According to Zillow, the median home value in Santa Cruz, California is $919,400 as of 2021. As of 2020, the population of the Santa Cruz, California area is estimated to be around 270,000 people.

Experienced Real Estate Partition Action Attorneys Serving Santa Cruz

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:

  • Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
  • How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
  • What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
  • What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
  • What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.

Speak to Our Santa Cruz 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

    Luco v. De Toro – Partition Action Case Study

    In the legal case of Luco v. De Toro, 91 Cal. 405 (1891), the issue was whether a partition of a parcel of land was valid. The plaintiff, Luco, had purchased the land from the defendant, De Toro, and the deed of sale included a clause that the land would be partitioned into two equal parts. However, the partition was not done in accordance with the deed, and the plaintiff argued that the partition was invalid. The court held that the partition was valid, as the deed did not specify how the partition should be done, and the parties had agreed to the partition as it was. The court also noted that the partition was done in good faith and that the parties had not been harmed by it.

    Contact our Team of Experienced Partition Lawyers Serving the City of Santa Cruz 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 also serve Live Oak, Capitola, Soquel, Aptos, Scotts Valley, and Watsonville.

    Talkov Law is Rated 5 out of 5 stars based on 52 customer reviews.

    Contact Us Today for a Free Consultation & Pay No Retainer

    Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down

      Awards and Recognition

      US News and World Report Scott Talkov

      We Have Been Featured On:

      The Real Deal

      Recent Blog Posts

      The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.