Santa Cruz County Partition Lawyer

Co-Ownership Disputes

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

  • 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.
  • Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
  • 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.
  • How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
  • Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).

Partition Attorney in , California - Santa Cruz County Partition Lawyer

Our Santa Cruz County Partition Attorneys Know Santa Cruz County

Santa Cruz County is a county located on the Pacific coast of California, south of San Francisco. It is known for its beautiful beaches, redwood forests, and its vibrant culture. The county seat is Santa Cruz, and the largest city is Watsonville. Santa Cruz County is home to the University of California, Santa Cruz, and the Santa Cruz Beach Boardwalk. The county is also home to a variety of outdoor activities, including surfing, hiking, and camping. Santa Cruz County is a popular tourist destination, and is known for its laid-back atmosphere and relaxed lifestyle.

Santa Cruz County, California was first inhabited by the Ohlone Native American tribe. The first European to explore the area was Spanish explorer Gaspar de Portolà in 1769. The area was then colonized by the Spanish in 1791, and the first mission was established in 1791. The area was then ceded to Mexico in 1822, and the first American settlers arrived in 1846. The county was officially established in 1850, and the city of Santa Cruz was incorporated in 1866. The county has since grown to become a popular tourist destination, known for its beaches, redwood forests, and the Santa Cruz Beach Boardwalk.

Burnett v. Piercy – Partition Action Case Study

In the legal case of Burnett v. Piercy, 149 Cal. 178 (1906), the issue was whether a partition of real property could be made without the consent of all the owners. The plaintiff, Burnett, owned a one-third interest in a piece of real property with two other owners, Piercy and another individual. Piercy and the other owner wanted to partition the property, but Burnett refused to consent. Piercy and the other owner then sought to partition the property without Burnett’s consent. The court held that a partition of real property could not be made without the consent of all the owners, and thus the partition was invalid. This case established the principle that all owners must consent to a partition of real property.

Contact an Experienced Partition Attorney in Santa Cruz County, 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 have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Santa Cruz County property. For a free, 15-minute consultation with a knowledgeable partition attorney at Partition Lawyer California, call (831) 999-9900 or fill out a contact form online.

Contact us Today for a Free Consultation with a Partition Attorney in Santa Cruz County, California