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Escondido Partition Lawyer

Partition Actions in Escondido

Escondido is a city located in San Diego County, California. It is situated in a valley surrounded by mountains, about 30 miles (48 km) northeast of downtown San Diego. Escondido is known for its beautiful scenery, outdoor activities, and vibrant culture. The city is home to a variety of attractions, including the San Diego Zoo Safari Park, the California Center for the Arts, and the San Diego Zoo. Escondido is also home to a number of wineries, breweries, and restaurants. The city is a popular destination for outdoor enthusiasts, with its many parks, trails, and golf courses. Escondido is a great place to live, work, and play.

According to Zillow, the median home value in Escondido, California is $541,400 as of 2021. As of July 2020, the population of the Escondido, California area is 151,945.

Experienced Real Estate Partition Action Attorneys Serving Escondido

Talkov Law’s attorneys serving San Diego County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.

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

  • How does a partition action work in California?
  • 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.
  • What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
  • Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
  • Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.

Speak to Our Escondido Partition Attorneys Today

Call our San Diego County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (760) 999-3300 or contact us below to schedule a free, 15-minute consultation

    Doe ex dem. McCall v. Carpenter – Partition Action Case Study

    In the legal case of Doe ex dem. McCall v. Carpenter, 59 U.S. 297 (1855), the issue was whether a partition of land could be made between two parties who had conflicting claims to the same land. The plaintiff, McCall, had purchased the land from the original owner, while the defendant, Carpenter, had obtained a deed from the original owner’s heir. The court held that the partition could not be made, as the conflicting claims could not be reconciled. The court also held that the plaintiff was entitled to the land, as his deed was the first in time.

    Contact our Team of Experienced Partition Lawyers Serving the City of Escondido, County of San Diego, California

    Our Escondido partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (760) 999-3300 or contact us online today.

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    11622 El Camino Real Ste 100
    San Diego, CA 92130
    Phone: (858) 800-3300

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