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. 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. 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 court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- 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.
Speak to Our Seaside Partition Attorneys Today
Call our Monterey County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (831) 999-9900 or contact us below to schedule a free, 15-minute consultation
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, County of Monterey, California
Our Seaside 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 (831) 999-9900 or contact us online today.
Our partition attorneys in Seaside also serve Monterey, Pacific Grove, Marina, Salinas, Del Rey Oaks, and Sand City
