San Luis Obispo County Partition Lawyer

Jointly Owned Property Issues in

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

  • 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.
  • How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
  • What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
  • 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.
  • How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.

Partition Attorney in , California - San Luis Obispo County Partition Lawyer

Our San Luis Obispo County Partition Attorneys Know San Luis Obispo County

San Luis Obispo County is a county located on the Central Coast of California. It is bordered by Monterey County to the north, Kern County to the east, Santa Barbara County to the south, and the Pacific Ocean to the west. The county seat is San Luis Obispo. The county is known for its beautiful beaches, rolling hills, and vineyards. It is home to several state parks, including Montana de Oro State Park, Morro Bay State Park, and Pismo State Beach. The county is also home to several universities, including California Polytechnic State University, Cuesta College, and Cal Poly San Luis Obispo. The county is a popular tourist destination, with attractions such as Hearst Castle, the Mission San Luis Obispo de Tolosa, and the historic downtown area of San Luis Obispo.

San Luis Obispo County, California was first inhabited by the Chumash people, who lived in the area for thousands of years before the arrival of Europeans. The first European to explore the area was Portuguese explorer Juan Rodríguez Cabrillo, who sailed up the coast in 1542. In 1769, Spanish missionaries led by Father Junípero Serra arrived in the area and established the Mission San Luis Obispo de Tolosa. The mission was the fifth of 21 missions established by the Spanish in California. In 1821, Mexico gained independence from Spain and the area became part of the Mexican province of Alta California. In 1846, the Mexican-American War began and the area was ceded to the United States in 1848. In 1850, San Luis Obispo County was established as one of the original 27 counties of California. The county was named after the mission and the city of San Luis Obispo, which was founded in 1772. The county has since grown and developed, with agriculture, tourism, and the military playing major roles in the local economy. Today, San Luis Obispo County is home to a diverse population of over 300,000 people.

Broome v. Broome – Partition Action Case Study

In the legal case of Broome v. Broome, 179 Cal. 638 (1919), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their father’s estate. The siblings had inherited the estate upon their father’s death, and the court was tasked with determining how to divide the estate between them. The court had to consider the value of the estate, the rights of each sibling, and the best way to divide the estate in a fair and equitable manner. The court ultimately decided that the estate should be divided equally between the siblings, with each receiving an equal share of the estate.

Contact an Experienced Partition Attorney in San Luis Obispo County, 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 have years of experience ending co-ownership disputes in California and can help you unlock the equity in your San Luis Obispo County property. For a free, 15-minute consultation with an experienced partition attorney at Partition Lawyer California, call (805) 880-8800 or fill out a contact form online.

Contact us Today for a Free Consultation with a Partition Attorney in San Luis Obispo County, California