Tiburon Partition Lawyer

Jointly Owned Property Issues in Tiburon

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

  • 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 are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
  • 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.
  • 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).
  • Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.

Partition Attorney in Tiburon, California - Marin County Partition Lawyer

Our Tiburon Partition Attorneys Know Marin County

Tiburon is a small town located in Marin County, California. It is situated on the Tiburon Peninsula, which is surrounded by the San Francisco Bay and the Pacific Ocean. The town is known for its stunning views of the bay, its vibrant downtown area, and its many outdoor activities. Tiburon is home to a variety of restaurants, shops, and galleries, as well as a number of parks and trails. The town is also home to the Angel Island State Park, which offers visitors a chance to explore the island’s history and natural beauty. Tiburon is a great place to visit for a day trip or a weekend getaway.

Tiburon is a small community located in the San Fernando Valley of Los Angeles, California. It was originally part of the Rancho San Rafael, a large Spanish land grant given to the Verdugo family in 1784. The area was later subdivided and sold off in the late 19th century. In the early 20th century, the area was developed as a residential community, with many of the homes built in the Spanish Colonial Revival style. The community was named after the Spanish word for “shark”, as the area was known for its abundance of sharks in the nearby waters. Tiburon has remained a small, residential community since its founding, and is now home to a diverse population of families, professionals, and retirees.

Zhang v. Li – Partition Action Case Study

In the legal case of Zhang v. Li, 2019 WL 441936, B279399 (5-Feb-2019) , the partition issues revolved around the ownership of a property located in Los Angeles County, California. The property was owned by both Zhang and Li, who had entered into a written agreement in which they agreed to equally share the ownership of the property. However, Li had failed to make payments on the mortgage and taxes for the property, and Zhang had been paying the mortgage and taxes in full. Zhang then filed a partition action, seeking to divide the property into two separate parcels and to have Li pay her back for the mortgage and taxes she had paid. The court found that the written agreement between Zhang and Li was valid and enforceable, and that Zhang was entitled to a partition of the property. The court also ordered Li to pay Zhang back for the mortgage and taxes she had paid.

Contact an Experienced Partition Attorney in Tiburon, 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 Tiburon 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 a knowledgeable 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 Tiburon, California