Talkov Law Partition Attorneys

What Happens in a Partition Action?

Nearly all partition actions result in partition by sale. After filing the partition complaint and serving the defendants, the court will generally order that the property be marketed for sale by a court-appointed partition referee. That referee will hire a Realtor to market the property on the MLS (Multiple Listing Service) so that the offers are at the full market value.

Are There Defenses to a Partition Action?

Many times, parties ask if a partition action can be stopped, and whether there are affirmative defenses to a partition action. In all but the rarest of cases, there is no defense to a partition action. When there is a defense, it will usually consist of a written waiver of the right to partition in a tenants in common agreement.

How Much Does a Partition Action Cost and Who Will Pay the Attorney’s Fees?

The most common question is the cost of a partition action in California, which usually averages around $20,000, but can go higher if the matter is complex. Given our experience, we are able to win a partition action and produce a better result at a lower cost in a faster manner than many firms without such expertise. This often means overcoming an uncooperative co-owner at the property who is in no rush to leave.

Can I Recover Offsets for the Mortgages, Taxes, Insurance, Repairs, Improvements, and Rental Value?

After the property is sold, every partition involves an accounting wherein owners can recover partition offsets. If one co-owner made the down payment, improvements, paid the taxes or paid the mortgage, these can be recovered in a partition. If one co-owner has been in possession, the rental value can be recovered on the co-owned property.

Do I Need a Partition Lawyer?

There can be nothing more frustrating than co-ownership of real estate in California. Many times, one co-owner of property is paying the mortgage, while another co-owner lives at the property without making any contribution to the property. Other times, the property was inherited, perhaps years ago, making partition the only way to unlock the value of the property.