Santee Partition Lawyer

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. 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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. 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:

  • 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 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.
  • What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
  • What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
  • 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.

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, County of San Diego, California

    Our Santee 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, call (858) 800-3300 or contact us online today.

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    Phone: (858) 800-3300

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