Understanding Co-Ownership in Marin County
Our team of partition attorneys in Marin can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- 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
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
Our San Rafael Partition Attorneys Know Marin County
San Rafael is a city in Marin County, California, located in the North Bay region of the San Francisco Bay Area. It is the county seat of Marin County and is located just north of San Francisco. San Rafael is known for its mild climate, natural beauty, and vibrant downtown. The city is home to a variety of attractions, including the Mission San Rafael Arcangel, the Marin County Civic Center, and the Marin County Fairgrounds. San Rafael is also home to a number of parks, trails, and open spaces, including China Camp State Park, McNears Beach Park, and the Marin County Open Space District. The city is also home to a number of cultural institutions, including the Marin Museum of Contemporary Art, the Marin Symphony, and the Marin Theatre Company.
San Rafael was founded in 1817 by a group of Spanish missionaries led by Father Vicente de Sarria. The mission was named after Saint Rafael, the Archangel. The mission was the site of the first Spanish settlement in Marin County. In 1834, the Mexican government granted the land to the settlers, who established a small village. The village grew slowly until the arrival of the North Pacific Railroad in 1870, which brought an influx of new settlers and businesses. In 1874, San Rafael was incorporated as a city. The city grew rapidly in the late 19th and early 20th centuries, becoming a center for industry and agriculture. In the 1950s, San Rafael began to experience a population boom, as people moved to the area from other parts of California. Today, San Rafael is a vibrant city with a population of over 57,000. It is home to a variety of businesses, cultural attractions, and recreational activities.
McLeod v. Reyes – Partition Action Case Study
In the legal case of McLeod v. Reyes, 4 Cal.App.2d 143 (1935), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of land in California. The plaintiff, McLeod, sought to partition the land, while the defendant, Reyes, argued that the land should not be partitioned. The court ultimately ruled in favor of McLeod, finding that the land should be partitioned. The court noted that the parties had a right to partition the land, and that the partition should be made in a manner that would be fair and equitable to both parties. The court also noted that the partition should be made in a way that would not cause unnecessary hardship to either party.
Contact an Experienced Partition Attorney in San Rafael, 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 San Rafael 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 Rafael, California
Our partition attorneys in San Rafael also serve Novato, San Anselmo, Fairfax, Ross, Kentfield, Larkspur, Corte Madera, Mill Valley, Tiburon, Sausalito, Terra Linda, Marinwood, Santa Venetia, and Lucas Valley
