Corte Madera Partition Lawyer

Corte Madera Co-Ownership Disputes

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

  • 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).
  • 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.
  • 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.
  • In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
  • 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.

Partition Attorney in Corte Madera, California - Marin County Partition Lawyer

Our Corte Madera Partition Attorneys Know Marin County

Corte Madera is a small town located in Marin County, California. It is situated in the San Francisco Bay Area, just north of San Francisco and south of the city of San Rafael. The town is known for its picturesque views of the bay, its quaint downtown area, and its proximity to outdoor activities such as hiking, biking, and kayaking. Corte Madera is also home to a variety of shops, restaurants, and other businesses. The town is a popular destination for tourists and locals alike, and is a great place to explore and experience the beauty of Northern California.

Corte Madera is a small, unincorporated community located in the San Fernando Valley of Los Angeles, California. The area was originally part of the Rancho San Rafael, a large Spanish land grant given to the Verdugo family in 1784. The area was later subdivided and sold off in the late 19th century. In the early 20th century, the area was home to a large Italian-American community, and the area was known as Little Italy. In the 1950s, the area began to transition to a more suburban community, and the population began to diversify. Today, Corte Madera is a diverse community with a mix of single-family homes, apartments, and condominiums.

Flannery v. Murray – Partition Action Case Study

In the legal case of Flannery v. Murray, 2020 WL 4931702, B287284 (24-Aug-2020) , the issue of partition was at the center of the dispute. The parties were co-owners of a parcel of real property, and the plaintiff sought to partition the property. The defendant argued that the property was not subject to partition because it was held in joint tenancy with right of survivorship. The court found that the property was subject to partition because the parties had not taken any affirmative steps to create a joint tenancy with right of survivorship. The court also found that the defendant had failed to prove that the parties had intended to create a joint tenancy with right of survivorship. The court ultimately ordered the property to be partitioned in accordance with the plaintiff’s request.

Contact an Experienced Partition Attorney in Corte Madera, California

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers serving Corte Madera have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Marin County property. For a free, 15-minute consultation with an experienced partition attorney at Partition Lawyer California, call (415) 966-3300 or fill out a contact form online.

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