Atascadero Partition Lawyer

Jointly Owned Property Issues in Atascadero

Our team of partition attorneys in San Luis Obispo 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 I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
  • 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).
  • When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
  • Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.

Partition Attorney in Atascadero, California - San Luis Obispo County Partition Lawyer

Our Atascadero Partition Attorneys Know San Luis Obispo County

Atascadero is a city located in San Luis Obispo County, California. It is situated in the Central Coast region of the state, about halfway between Los Angeles and San Francisco. The city is known for its small-town charm that is home to a variety of attractions, including the Charles Paddock Zoo, Atascadero Lake Park, and the Atascadero Historical Museum. The city is also known for its wineries, with several located in the area. The city is a popular destination for outdoor activities, such as hiking, biking, and camping.

Atascadero, California was founded in 1913 by E.G. Lewis, a real estate developer from Missouri. Lewis purchased the land from the Mexican government and named the city after the Atascadero Creek, which ran through the area. He envisioned the city as a utopian community, and he built a number of amenities, including a hotel, a library, a theater, and a lake. In the 1920s, Atascadero became a popular tourist destination, and the city’s population grew rapidly. The city was incorporated in 1979, and it has since become a popular destination for retirees and families. The city is home to a number of historic buildings, including the Atascadero State Hospital, which was built in the 1930s. The city is also home to a number of wineries, and it is a popular destination for outdoor activities, such as hiking, biking, and camping.

Spader v. McNell – Partition Action Case Study

In the legal case of Spader v. McNell, 130 Cal. 500 (1900), 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, Spader, sought to partition the property, while the defendant, McNell, argued that the property could not be partitioned because it was a single, indivisible parcel. The court ultimately ruled in favor of the plaintiff, finding that the property could be partitioned, and that the defendant was not entitled to a lien on the property. The court reasoned that the property was divisible, and that the defendant had no right to a lien on the property. The court also noted that the defendant had failed to provide any evidence that the property was indivisible. This case serves as an important precedent for partition disputes, as it established that a property can be partitioned even if it is a single, indivisible parcel.

Contact an Experienced Partition Attorney in Atascadero, California

If you want to end your co-ownership relationship, but your co-owner disagrees, a partition action is your only option. Our experienced partition lawyers serving Atascadero have years of experience ending co-ownership disputes in California and can help you unlock the equity in your San Luis Obispo County property. For a free, 15-minute consultation with a knowledgeable partition attorney at Partition Lawyer California, call (805) 880-8800 or fill out a contact form online.

Contact us Today for a Free Consultation with a Partition Attorney in Atascadero, California