Partition Actions in Sausalito
Sausalito is a city in Marin County, California, located on the northern end of the Golden Gate Bridge. It is known for its stunning views of the San Francisco Bay, its vibrant art scene, and its charming waterfront. The city is home to a variety of restaurants, galleries, and shops, as well as a number of parks and beaches. Sausalito is also a popular destination for sailing, kayaking, and other water activities. The city is a popular tourist destination, and is known for its Mediterranean-style architecture and its relaxed, laid-back atmosphere.
According to Zillow, the median home value in Sausalito, California is $1,717,400 as of 2021. As of the 2020 United States Census, the population of Sausalito, California was 7,061.
Experienced Real Estate Partition Action Attorneys Serving Sausalito
Talkov Law’s attorneys serving Marin 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:
- 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.
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- What is a partition action and when is it necessary?
- 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.
- How does a partition action work in California?
Gonzalez v. Sanchez – Partition Action Case Study
In the legal case of Gonzalez v. Sanchez, 2008 WL 1877452, B193144 (29-Apr-2008) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the siblings had agreed to partition the home, with each sibling receiving a portion of the home. However, the siblings were unable to agree on the terms of the partition, and the dispute ended up in court. The court ultimately ruled that the siblings should partition the home in accordance with the terms of the partition agreement that they had originally agreed to. The court also ordered that the siblings should pay for the costs of the partition, including the costs of surveying the property and any other costs associated with the partition.
Contact our Team of Experienced Partition Lawyers Serving the City of Sausalito in the County of Marin, 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 (415) 966-3300 or contact us online for a free consultation about your co-ownership issues.