Jointly Owned Property Issues in
Our team of partition attorneys in Monterey can assist co-owners with frequently asked questions about partitions, such as:
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- 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.
- 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 is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
Our Monterey Bay Partition Attorneys Know Monterey County
Monterey Bay is a large bay located on the central coast of California, between the cities of Santa Cruz and Monterey. It is one of the most biologically diverse marine ecosystems in the world, and is home to a wide variety of marine life, including whales, dolphins, sea lions, seals, otters, and a variety of fish species. The bay is also a popular destination for recreational activities such as kayaking, sailing, fishing, and whale watching. The Monterey Bay National Marine Sanctuary protects the bay and its wildlife, and is a popular tourist destination.
Real estate in Monterey Bay, California, is highly sought after due to its stunning coastal views, temperate climate, and proximity to attractions like the Monterey Bay Aquarium and Cannery Row. Property values in the region tend to be high, making co-ownership situations, such as inherited properties or those resulting from a romantic partner breakup, potentially complex and financially significant. For co-owners facing disputes or seeking to divide their property, hiring a partition attorney experienced in California real estate law can help navigate the legal intricacies and ensure a fair resolution.
Shiohama v. Nash – Partition Action Case Study
In the legal case of Shiohama v. Nash, 2010 WL 2108949, B208390, B212855 (27-May-2010), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the dispute arose when one sibling wanted to sell the home and the other wanted to keep it. The court had to decide whether the siblings should be allowed to partition the home, meaning that each sibling would own a portion of the home. The court ultimately ruled that the siblings could not partition the home, as it would be too difficult to divide the home in a fair and equitable manner. The court also noted that the siblings had not been able to come to an agreement on how to divide the home, and that the home was not suitable for partition.
Contact an Experienced Partition Attorney in Monterey Bay, 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 have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Monterey County property. For a free, 15-minute consultation with an experienced partition attorney at Partition Lawyer California, call (831) 999-9900 or fill out a contact form online.
