Partition Actions 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.
According to Zillow, the median home value in Tiburon, California is $2,092,400. As of the 2020 United States Census, the population of Tiburon, California was 9,072.
Experienced Real Estate Partition Action Attorneys Serving Tiburon
Talkov Law’s attorneys serving Marin 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:
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- 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.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
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.
Contact our Team of Experienced Partition Lawyers Serving the City of Tiburon 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.