Jointly Owned Property Issues in San Anselmo
Our team of partition attorneys in Marin can assist co-owners with frequently asked questions about partitions, such as:
- 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 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 is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
Our San Anselmo Partition Attorneys Know Marin County
San Anselmo is a small town located in Marin County, California. It is situated in the San Francisco Bay Area, just north of San Francisco. The town is known for its quaint downtown area, which features a variety of unique shops, restaurants, and galleries. San Anselmo is also home to several parks, including the popular Memorial Park, which offers a variety of recreational activities. The town is also home to several schools, including San Anselmo High School and San Domenico School. San Anselmo is a great place to live, work, and play, and is a popular destination for visitors from all over the world.
San Anselmo is a small community located in the San Francisco Bay Area of California. It was founded in 1875 by a group of settlers from San Francisco who were looking for a place to settle and start a new life. The town was named after San Anselmo de Compostela, a Spanish saint. The town grew slowly but steadily, and by the early 1900s, it had become a popular destination for tourists and vacationers. In the 1920s, the town was incorporated and began to develop into a residential community. Today, San Anselmo is a vibrant and diverse community with a population of approximately 12,000 people. It is known for its quaint downtown area, its many parks and trails, and its excellent schools.
Raftari v. Jafari – Partition Action Case Study
In the legal case of Raftari v. Jafari, 2007 WL 172117, B188003 (24-Jan-2007) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their deceased father’s estate. The siblings had inherited the estate from their father, who had died without a will. The siblings had agreed to divide the estate equally, but the dispute arose when one of the siblings refused to sign the partition agreement. The court found that the partition agreement was valid and enforceable, and ordered the sibling to sign the agreement and divide the estate as agreed. The court also ordered the sibling to pay the other sibling’s attorney’s fees and costs. The case highlights the importance of having a valid and enforceable partition agreement in place when dividing an estate.
Contact an Experienced Partition Attorney in San Anselmo, 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 San Anselmo 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 San Anselmo, California
Our partition attorneys in San Anselmo also serve Fairfax, Ross, San Rafael, Kentfield, Larkspur, Mill Valley, Corte Madera, Tiburon, Sausalito, and Sleepy Hollow
