Jointly Owned Property Issues in Pinole
Our team of partition attorneys in Contra Costa 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.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- How does a partition action work in California?

Our Pinole Partition Attorneys Know Contra Costa County
Pinole is a city located in Contra Costa County, California. It is situated in the East Bay region of the San Francisco Bay Area, about 17 miles northeast of San Francisco. Pinole is a small city with a population of about 19,000 people. The city is known for its beautiful views of the San Pablo Bay and its close proximity to the cities of Berkeley, Oakland, and Richmond. Pinole is a great place to live, with a variety of housing options, excellent schools, and plenty of recreational activities. The city is also home to a number of parks, including Pinole Valley Park, which offers a variety of outdoor activities, such as hiking, biking, and picnicking. Pinole is a great place to live, work, and play.
Pinole is a small city located in the East Bay region of the San Francisco Bay Area in California. The area was originally inhabited by the Ohlone Native American tribe, who lived in the area for thousands of years before the arrival of Europeans. The first European settlers arrived in the area in the late 1700s, and the town was officially founded in 1823. The town was named after the Pinole grain, which was a staple food of the Ohlone people. The town grew slowly over the years, and in the early 1900s, it became a popular destination for people looking to escape the hustle and bustle of San Francisco. In the 1950s, the town experienced a population boom, and it has since become a thriving community with a diverse population.
Tolley v. Kobzoff – Partition Action Case Study
In the legal case of Tolley v. Kobzoff, 2020 WL 7223373, F078021 (8-Dec-2020) , the issue of partition was at the center of the dispute. The parties had entered into a contract for the sale of real property, and the contract provided for the partition of the property into two separate parcels. The dispute arose when the buyer, Tolley, refused to accept the partition as proposed by the seller, Kobzoff. Tolley argued that the partition was not in accordance with the contract, and that the proposed partition would leave him with an unmarketable parcel. The court ultimately found in favor of Tolley, ruling that the partition proposed by Kobzoff was not in accordance with the contract and that Tolley was entitled to a partition that would leave him with a marketable parcel.
Contact an Experienced Partition Attorney in Pinole, California
If you want to end your co-ownership relationship, but your co-owner disagrees, a partition action is your only option. Our experienced partition lawyers serving Pinole 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 Pinole, California
Our partition attorneys in Pinole also serve Richmond, San Pablo, Hercules, El Sobrante, and Rodeo