El Cerrito Partition Lawyer

Jointly Owned Property Issues in El Cerrito

Our team of partition attorneys in Contra Costa 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).
  • Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
  • What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
  • 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.
  • Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.

Partition Attorney in El Cerrito, California - Contra Costa County Partition Lawyer

Our El Cerrito Partition Attorneys Know Contra Costa County

El Cerrito is a city located in Contra Costa County, California. It is situated in the San Francisco Bay Area, just north of Berkeley and east of Richmond. El Cerrito is a diverse and vibrant community that is known for its excellent schools, parks, and recreational opportunities. El Cerrito is home to a variety of restaurants, shops, and businesses, as well as a thriving arts and culture scene. The city is also home to the El Cerrito Plaza Shopping Center, which features a variety of stores, restaurants, and entertainment venues. El Cerrito is a great place to live, work, and play.

El Cerrito is a small, unincorporated community located in the San Gabriel Valley of Los Angeles County, California. The area was originally part of the Rancho San Antonio land grant, and was settled in the late 19th century by Mexican immigrants. The community was named after a small hill that was located in the area. In the early 20th century, the area was home to a large population of Japanese immigrants, who worked in the local agricultural industry. The community was also home to a large population of Italian immigrants, who worked in the local brickyards. In the 1950s, the area began to experience rapid growth, as the population of Los Angeles increased and the area became more suburbanized. Today, El Cerrito is a diverse community, with a mix of Hispanic, Asian, and white residents.

Tutt v. Van Voast – Partition Action Case Study

In the legal case of Tutt v. Van Voast, 36 Cal.App.2d 282 (1939), the issue of partition arose when the parties disagreed over the division of a parcel of land. The plaintiff, Tutt, owned a one-half interest in the land, while the defendant, Van Voast, owned the other half. Tutt sought to partition the land, while Van Voast argued that the land should remain undivided. The court found that the land should be partitioned, and ordered that the land be divided into two equal parts. The court also ordered that each party be given an equal share of the proceeds from the sale of the land. The court also ordered that each party be responsible for their own costs and expenses in the partition process.

Contact an Experienced Partition Attorney in El Cerrito, California

If you want to end your co-ownership relationship, but your co-owner refuses, a partition action is your only option. Our experienced partition lawyers serving El Cerrito have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Contra Costa County property. For a free, 15-minute consultation with a knowledgeable partition attorney at Partition Lawyer California, call (510) 999-3300 or fill out a contact form online.

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