Partition Actions in Seaside
Seaside is a city located in Monterey County, California, United States. It is situated on the Monterey Peninsula, between Monterey and Carmel-by-the-Sea. Seaside is known for its beautiful beaches, stunning views, and vibrant culture. It is a popular destination for tourists and locals alike, offering a variety of activities and attractions. The city is home to a variety of restaurants, shops, and galleries, as well as a number of parks and recreational areas. Seaside is also home to the California State University Monterey Bay, which offers a variety of degree programs.
According to Zillow, the median home value in Seaside, California is $541,400 as of 2021. As of 2020, the population of the California area of Seaside is 33,890.
Experienced Real Estate Partition Action Attorneys Serving Seaside
Talkov Law’s attorneys serving Monterey County are exceptionally experienced in the area of California partition actions. California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- 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.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
Schoenfeld v. Norberg – Partition Action Case Study
In the legal case of Schoenfeld v. Norberg, 11 Cal.App.3d 755 (1970), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Schoenfeld, sought to partition the property, while the defendant, Norberg, argued that partition was not appropriate. The court ultimately held that partition was not appropriate in this case, as the parties had agreed to a joint tenancy, and the court found that partition would be contrary to the parties’ intent. The court also noted that partition would be inequitable, as it would require the sale of the property and the division of the proceeds, which would be unfair to Norberg, who had made improvements to the property.
Contact our Team of Experienced Partition Lawyers Serving the City of Seaside in the County of Monterey, 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.