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Marina Partition Lawyer

Partition Actions in Marina

Marina is a city in Monterey County, California, United States. Marina is located on the central coast of California, 8 miles (13 km) west of Salinas, and 8 miles (13 km) north of Monterey. Marina is a popular destination for visitors to the Monterey Bay area, with its beaches, marinas, and coastal trails. The city is home to the Marina State Beach, Fort Ord Dunes State Park, and the Monterey Bay Coastal Recreation Trail. Marina is also home to the California State University, Monterey Bay, and the Monterey Bay Aquarium.

According to Zillow, the median home value in Marina, California is $541,400 as of 2021. As of 2020, the population of the California area of Marina is estimated to be around 21,717.

Experienced Real Estate Partition Action Attorneys Serving Marina

Talkov Law’s attorneys serving Monterey County are exceptionally experienced in the area of California partition actions. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.

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

  • 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 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.
  • Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
  • 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.
  • How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.

Speak to Our Marina Partition Attorneys Today

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

Call us at (831) 999-9900 or contact us below to schedule a free, 15-minute consultation

    Willard v. Willard – Partition Action Case Study

    In the legal case of Willard v. Willard, 145 U.S. 116 (1892), the issue was whether a partition of real estate could be made without the consent of all the owners. The case involved a dispute between two siblings, Mary Willard and her brother, John Willard, over the partition of their father’s real estate. Mary argued that the partition should be made without her brother’s consent, while John argued that the partition could not be made without his consent. The Supreme Court ultimately held that a partition of real estate could not be made without the consent of all the owners. The Court reasoned that a partition of real estate was a matter of contract, and that all parties must agree to the terms of the contract in order for it to be valid.

    Contact our Team of Experienced Partition Lawyers Serving the City of Marina in the County of Monterey, California.

    Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (831) 999-9900 or contact us online for a free consultation about your co-ownership issues.

    Our partition attorneys in Marina also serve Seaside, Del Rey Oaks, Monterey, and Salinas.

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