Poway Partition Lawyer

Poway Co-Ownership Disputes

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

  • Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
  • 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.
  • 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.
  • 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 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 Poway, California - San Diego County Partition Lawyer

Our Poway Partition Attorneys Know San Diego County

Poway is a city located in San Diego County, California. It is located in the foothills of the Cuyamaca Mountains and is a suburb of San Diego. The city is known for its rural atmosphere and outdoor activities. Poway is home to a variety of parks, trails, and open spaces, including Lake Poway, Iron Mountain, and Blue Sky Ecological Reserve. The city also has a vibrant downtown area with a variety of shops, restaurants, and entertainment venues. Poway is a great place to live for those looking for a small-town feel with easy access to the amenities of a larger city.

Poway, California was founded in 1887 by a group of settlers from the East Coast. The city was originally known as “The Garden of the Valley of the Sun” due to its lush vegetation and abundant wildlife. The city was incorporated in 1980 and has since grown to become a thriving suburban community. Poway is home to a variety of attractions, including the Poway Historical Museum, the Poway Rodeo, and the Poway Midland Railroad. The city is also home to a number of parks, trails, and recreational facilities.

O’Bryant v. Bosserman – Partition Action Case Study

In the legal case of O’Bryant v. Bosserman, 94 Cal.App.2d 353 (1949), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, O’Bryant, sought to partition the property, while the defendant, Bosserman, argued that the property should not be partitioned. The court ultimately ruled in favor of O’Bryant, finding that partition was the appropriate remedy in the case. The court noted that partition was the only way to ensure that each co-owner received their fair share of the property. The court also noted that partition was the only way to ensure that the rights of each co-owner were respected and that the property was divided in a fair and equitable manner.

Contact an Experienced Partition Attorney in Poway, 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 Poway have years of experience ending co-ownership disputes in California and can help you unlock the equity in your San Diego County property. For a free, 15-minute consultation with an experienced partition attorney at Partition Lawyer California, call (858) 800-3300 or fill out a contact form online.

Contact us Today for a Free Consultation with a Partition Attorney in Poway, California