Partition Actions in Santee
Santee is a city located in San Diego County, California. It is located in the foothills of the Cuyamaca Mountains and is part of the East County region of San Diego. Santee is known for its outdoor recreation opportunities, including hiking, biking, and golfing. The city is also home to a variety of shopping and dining options, as well as a number of parks and trails. Santee is a great place to live for those looking for a suburban lifestyle with easy access to the city of San Diego.
According to Zillow, the median home value in Santee, California is $541,400 as of 2021. As of 2020, the population of the California area of Santee is 59,845.
Experienced Real Estate Partition Action Attorneys Serving Santee
Talkov Law’s attorneys serving San Diego 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 is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- 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.
- 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.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- 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 Santee Partition Attorneys Today
Call our San Diego County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (858) 800-3300 or contact us below to schedule a free, 15-minute consultation
Mears v. Jeffry – Partition Action Case Study
In the legal case of Mears v. Jeffry, 80 Cal.App.2d 610 (1947), the issue was whether a partition of real property was valid. The plaintiff, Mears, owned a parcel of land with two other individuals, Jeffry and another. Mears and Jeffry agreed to partition the land, with Mears taking the northern portion and Jeffry taking the southern portion. The other individual was not a party to the agreement. The court held that the partition was invalid because it was not made in accordance with the law. The court found that the partition was not made in accordance with the law because it did not provide for the other individual’s interest in the land. The court also found that the partition was not made in good faith, as it was not made with the intention of fairly dividing the land among the three owners.
Contact our Team of Experienced Partition Lawyers Serving the City of Santee in the County of San Diego, 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 (858) 800-3300 or contact us online for a free consultation about your co-ownership issues.
Talkov Law San Diego Office
11622 El Camino Real Ste 100
San Diego, CA 92130
Phone: (858) 800-3300
Our partition attorneys in Santee also serve Lakeside, El Cajon, La Mesa, and San Carlos.