Walnut Creek Partition Lawyer

Partition Actions in Walnut Creek

Walnut Creek is a city located in Contra Costa County, California. It is situated in the East Bay region of the San Francisco Bay Area, about 16 miles east of the city of Oakland. The city is known for its excellent schools, parks, and recreational activities. It is also home to a vibrant downtown area with a variety of shops, restaurants, and entertainment venues. The city is also known for its beautiful natural surroundings, including the nearby Mt. Diablo State Park and the Shell Ridge Open Space. Walnut Creek is a great place to live, work, and play.

According to Zillow, the median home value in Walnut Creek, California is $817,400 as of 2021. As of 2019, the population of Walnut Creek, California is estimated to be 68,917.

Experienced Real Estate Partition Action Attorneys Serving Walnut Creek

Talkov Law’s attorneys serving Contra Costa 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.

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

• Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
• 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.
• What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
• Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
• 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.