Experienced Partition Attorneys Serving Vista
Talkov Law’s attorneys serving San Diego County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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 heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- 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.
Speak to Our Vista Partition Attorneys Today
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Partition Actions in Vista
Partitions are quite common in Vista. According to Zillow, the median home value in Vista, California is $541,400 as of 2021. As of 2020, the population of the California area of Vista is estimated to be 103,898.
Vista is a city located in San Diego County, California. It is situated just seven miles inland from the Pacific Ocean and is known for its mild climate and beautiful views of the surrounding hills and valleys. Vista is a popular destination for outdoor recreation, shopping, and dining. The city is home to several parks, trails, and golf courses, as well as a vibrant downtown area with a variety of restaurants, shops, and entertainment venues. Vista is also home to several educational institutions, including California State University San Marcos and Palomar College.
Green v. Fisk – Partition Action Case Study
In the legal case of Green v. Fisk, 103 U.S. 518 (1880), the issue was whether a partition of real estate could be made without the consent of all the owners. The case involved a dispute between two brothers, William and John Green, over the partition of their father’s estate. William wanted to partition the estate, while John objected. The Supreme Court held that a partition of real estate could not be made without the consent of all the owners, and that William’s attempt to partition the estate was invalid. The Court also held that the partition could not be made without the consent of the other owners, even if the partition was made in good faith. This decision established the principle that a partition of real estate must be made with the consent of all the owners.
Contact our Team of Experienced Partition Lawyers Serving the City of Vista in the County of San Diego, 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 (760) 999-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Vista, California serve San Diego County and surrounding areas including Carlsbad, Oceanside, San Marcos, Escondido, Encinitas.
