Jointly Owned Property Issues in Novato
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 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
Our Novato Partition Attorneys Know Marin County
Novato is a city located in Marin County, California, about 30 miles north of San Francisco. It is the largest city in Marin County and is known for its small-town charm and beautiful scenery. Novato is home to a variety of outdoor activities, including hiking, biking, and kayaking. The city is also home to a number of wineries, breweries, and restaurants. Novato is a great place to live, work, and play, and is a popular destination for visitors from all over the world.
Novato, California is located in the North Bay region of the San Francisco Bay Area. It is a vibrant and diverse community with a variety of real estate options. Single-family homes are the most common type of real estate in Novato. These homes range from small starter homes to large luxury estates. There are also a variety of townhomes and condominiums available in Novato. These are typically more affordable than single-family homes and offer a great option for first-time homebuyers. Novato also has a variety of commercial real estate options. These include office buildings, retail stores, and industrial properties. There are also a number of vacant lots available for development. Finally, Novato has a number of rural properties available. These properties are typically located in the hills and valleys surrounding the city and offer a great opportunity for those looking for a more rural lifestyle.
Miller v. Sharp – Partition Action Case Study
In the legal case of Miller v. Sharp, 48 Cal. 394 (1874), the California Supreme Court was asked to decide whether a partition of land between two co-owners was valid. The court held that the partition was invalid because it was not made in good faith. The court found that the partition was made in order to benefit one of the co-owners, and not to fairly divide the land between the two parties. The court also found that the partition was not made in accordance with the law, as it did not take into account the rights of third parties who had an interest in the land. The court concluded that the partition was invalid and that the two co-owners must continue to hold the land as tenants in common.
Contact an Experienced Partition Attorney in Novato, 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 Novato 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 Novato, California
Our partition attorneys in Novato also serve San Rafael, Petaluma, Santa Rosa, Napa, Sonoma, Hamilton, Ignacio, Bel Marin Keys, Black Point-Green Point, San Marin, and Indian Valley
