California Partition Law Blog
A partition action is the legal process of co-owners dividing a piece of real property. There are various reasons why a partition may be necessary, and different types of partitions exist to ensure the proper remedy is available when these circumstances arise. Co-owners involved in partition actions commonly ask who is responsible for the costs of partition including expenses like attorney fees, surveyor fees, and court costs. The costs of partition are typically divided equitably among co-owners based on their ownership interests. Understanding how the court determines who is responsible for the costs of partition is a crucial part of navigating this complicated legal process.
What is a Partition Action?
Partition is a legal procedure used to divide property among co-owners, ultimately severing their joint ownership interests and can be done in several ways: Partition in Kind, Partition by Sale, and Partition by Appraisal.
In every lawsuit, one of the biggest consideration is the cost. Frequently, clients are very eager to understand the amount that they will be required to pay to have their case resolved. After all, most people do not have a pot of money set aside for lawsuits, and are forced to eat into their savings to pay for an attorney to help with their legal problems. Even when attorneys’ fees are available for reimbursement, as they are in a partition action, the question of costs is always a significant question.