Tiburon Partition Lawyer

Partition Action Attorneys in Tiburon

Tiburon is a small town located in Marin County, California. It is situated on the Tiburon Peninsula, which is surrounded by the San Francisco Bay and the Pacific Ocean. The town is known for its stunning views of the bay, its vibrant downtown area, and its many outdoor activities. Tiburon is home to a variety of restaurants, shops, and galleries, as well as a number of parks and trails. The town is also home to the Angel Island State Park, which offers visitors a chance to explore the island’s history and natural beauty. Tiburon is a great place to visit for a day trip or a weekend getaway.

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:

• 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.
• 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
• What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
• How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
• Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.