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Walnut Creek Partition Lawyer

Partition Actions in Walnut Creek

Walnut Creek is a city located in Contra Costa County, California. It is situated in the East Bay region of the San Francisco Bay Area, about 16 miles east of the city of Oakland. The city is known for its excellent schools, parks, and recreational activities. It is also home to a vibrant downtown area with a variety of shops, restaurants, and entertainment venues. The city is also known for its beautiful natural surroundings, including the nearby Mt. Diablo State Park and the Shell Ridge Open Space. Walnut Creek is a great place to live, work, and play.

According to Zillow, the median home value in Walnut Creek, California is $817,400 as of 2021. As of 2019, the population of Walnut Creek, California is estimated to be 68,917.

Experienced Real Estate Partition Action Attorneys Serving Walnut Creek

Talkov Law’s attorneys serving Contra Costa 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not feasible, it may order the property to be sold and the proceeds divided among the co-owners.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • 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.
  • 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.
  • 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.
  • 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.
  • 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 Walnut Creek Partition Attorneys Today

Call our Contra Costa County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (925) 999-7700 or contact us below to schedule a free, 15-minute consultation

    Krieg v. Crawford – Partition Action Case Study

    In the legal case of Krieg v. Crawford, 59 Cal.App. 309 (1922), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a piece of real estate. The plaintiff, Krieg, sought to partition the property, while the defendant, Crawford, argued that the property should not be partitioned. The court ultimately ruled in favor of Krieg, finding that the property should be partitioned. The court held that the co-owners had a right to partition the property, and that the partition should be made in a manner that would be fair and equitable to both parties. The court also held that the partition should be made in a manner that would not cause unnecessary hardship to either party.

    Contact our Team of Experienced Partition Lawyers Serving the City of Walnut Creek in the County of Contra Costa, 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 (925) 999-7700 or contact us online for a free consultation about your co-ownership issues.

    Our partition attorneys in Walnut Creek also serve Lafayette, Pleasant Hill, Concord, Alamo, Danville, and Clayton.

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