Larkspur Partition Lawyer

Jointly Owned Property Issues in Larkspur

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

  • 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.
  • What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
  • What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
  • What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
  • 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.

Partition Attorney in Larkspur, California - Marin County Partition Lawyer

Our Larkspur Partition Attorneys Know Marin County

Larkspur is a small city located in Marin County, California. It is situated just north of San Francisco and is part of the San Francisco Bay Area. The city is known for its beautiful views of the bay, its vibrant downtown area, and its close proximity to outdoor activities. Larkspur is home to a variety of shops, restaurants, and galleries, as well as a number of parks and trails. The city is also home to the Larkspur Ferry Terminal, which provides ferry service to San Francisco and other nearby cities.

The Los Angeles community of Larkspur is located in the San Fernando Valley, and has a long history of being a rural agricultural area. The area was first settled in the late 1800s by farmers who grew citrus, walnuts, and other crops. In the early 1900s, the area was developed into a residential community, and the first homes were built in the 1920s. The area was annexed to the City of Los Angeles in the 1950s, and has since become a popular residential neighborhood. The area is known for its tree-lined streets, and its proximity to the nearby Santa Monica Mountains.

Bethel v. Brazil – Partition Action Case Study

In the legal case of Bethel v. Brazil, 2004 WL 1327691, B168968 (15-Jun-2004) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings, Bethel and Brazil, over the partition of their deceased mother’s estate. Bethel argued that the estate should be divided equally between the two siblings, while Brazil argued that the estate should be divided according to the terms of their mother’s will. The court ultimately ruled in favor of Bethel, finding that the will was invalid and that the estate should be divided equally between the two siblings. The court also found that Brazil had acted in bad faith by attempting to use the will to gain an unfair advantage over Bethel.

Contact an Experienced Partition Attorney in Larkspur, 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 Larkspur 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 a knowledgeable 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 Larkspur, California