Talkov Law’s attorneys serving Marin County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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 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 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.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
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.
Speak to Our Tiburon Partition Attorneys Today
Call our Marin County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (415) 966-3300 or contact us below to schedule a free, 15-minute consultation
Zhang v. Li – Partition Action Case Study
In the legal case of Zhang v. Li, 2019 WL 441936, B279399 (5-Feb-2019) , the partition issues revolved around the ownership of a property located in Los Angeles County, California. The property was owned by both Zhang and Li, who had entered into a written agreement in which they agreed to equally share the ownership of the property. However, Li had failed to make payments on the mortgage and taxes for the property, and Zhang had been paying the mortgage and taxes in full. Zhang then filed a partition action, seeking to divide the property into two separate parcels and to have Li pay her back for the mortgage and taxes she had paid. The court found that the written agreement between Zhang and Li was valid and enforceable, and that Zhang was entitled to a partition of the property. The court also ordered Li to pay Zhang back for the mortgage and taxes she had paid.
Frequently Asked Questions About Partitions in Tiburon
How Much Does a Partition Action Cost in Tiburon?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Tiburon?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In Tiburon, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
Can a Partition Action Be Stopped in Tiburon?
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.
Contact our Team of Experienced Partition Lawyers Serving the City of Tiburon, County of Marin, California
Our Tiburon partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys 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 (415) 966-3300 or contact us online today.
Serving Areas Throughout California
Sausalito, Belvedere, Mill Valley, Corte Madera, Larkspur, San Rafael, and Strawberry
