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Santa Maria Partition Lawyer

Partition Actions in Santa Maria

Santa Maria is a city located in the Central Coast region of California, about 120 miles northwest of Los Angeles. It is the largest city in Santa Barbara County and is known for its agricultural production, particularly strawberries. The city is home to a variety of attractions, including the Santa Maria Valley Historical Museum, the Santa Maria Valley Railroad, and the Santa Maria Valley Discovery Museum. The city also hosts a variety of festivals and events throughout the year, including the Santa Maria Valley Strawberry Festival and the Santa Maria Valley Wine & Food Festival. Santa Maria is also home to a number of wineries, restaurants, and shopping centers.

According to Zillow, the median home value in Santa Maria, California is $541,400 as of 2021. As of July 1, 2019, the population of the Santa Maria area of California was 106,717.

Experienced Real Estate Partition Action Attorneys Serving Santa Maria

Talkov Law’s attorneys serving Santa Barbara 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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. 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 you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
  • 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.
  • 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 partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
  • 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.

Speak to Our Santa Maria Partition Attorneys Today

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

Call us at (805) 880-8800 or contact us below to schedule a free, 15-minute consultation

    Goesele v. Bimeler – Partition Action Case Study

    In the legal case of Goesele v. Bimeler, 55 U.S. 589 (1852), the issue was whether a partition of real estate could be made without the consent of all the owners. The case involved a dispute between two brothers, John and Jacob Goesele, who owned a tract of land in Ohio. John wanted to partition the land, but Jacob refused to consent. The court held that a partition could not be made without the consent of all the owners, and that the partition was void. The court also held that the partition could not be enforced against Jacob, as he had not consented to it. This case established the principle that a partition of real estate cannot be made without the consent of all the owners.

    Contact our Team of Experienced Partition Lawyers Serving the City of Santa Maria in the County of Santa Barbara, 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 (805) 880-8800 or contact us online for a free consultation about your co-ownership issues.

    Our partition attorneys in Santa Maria also serve Orcutt, Nipomo, Guadalupe, and Arroyo Grande.

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