Goleta Partition Lawyer

Understanding Co-Ownership in Santa Barbara County

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

  • Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
  • What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
  • 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).
  • Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
  • What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.

Partition Attorney in Goleta, California - Santa Barbara County Partition Lawyer

Our Goleta Partition Attorneys Know Santa Barbara County

Goleta is a city located in Santa Barbara County, California. It is situated on the Pacific coast, just north of Santa Barbara. The city is known for its beautiful beaches, lush parks, and vibrant downtown area. Goleta is home to the University of California, Santa Barbara, as well as a number of tech companies. The city is also known for its diverse population, with a mix of students, professionals, and families. Goleta is a great place to live, work, and play, with plenty of outdoor activities, shopping, and dining options.

Goleta, California is a city located in Santa Barbara County, just north of Santa Barbara. The area was originally inhabited by the Chumash people, who lived in the area for thousands of years before the arrival of Europeans. The first Europeans to settle in the area were Spanish missionaries, who established the Mission Santa Barbara in 1786. In 1837, the Mexican government granted the land to the De la Guerra family, who established the Rancho La Goleta. The rancho was eventually divided up and sold off to settlers, who established the town of Goleta in 1887. The town was incorporated in 2002, and today is home to over 30,000 people.

Sipe v. Correa – Partition Action Case Study

In the legal case of Sipe v. Correa, 38 Cal.2d 131 (1951), the issue was whether a partition of real property by a court-appointed referee was valid. The plaintiff, Sipe, owned a parcel of land with his brother, Correa. The two brothers could not agree on how to divide the land, so they asked the court to appoint a referee to divide the land. The referee divided the land into two parcels, one for each brother. Sipe argued that the partition was invalid because the referee had not followed the proper procedures for partitioning the land. The court held that the partition was valid, as the referee had followed the proper procedures and had acted in good faith. The court also held that the partition was binding on both parties, and that Sipe could not challenge the partition after it had been made.

Contact an Experienced Partition Attorney in Goleta, 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 Goleta have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Santa Barbara County property. For a free, 15-minute consultation with an experienced 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 Goleta, California