What to Expect from Start to Finish

As California’s first, most popular, and fastest partition law firm, we are often asked how long a partition will take. Talkov Law generally completes partitions in an average of just 7 months to obtain a settlement or judgment of partition, which is followed by a sale or refinance- all without a trial. Other firms lacking our expertise can take 1 to 2 years, resulting in higher legal fees with a prolonged outcome.

Explained below, the partition attorneys at Talkov Law explain the usual timeline we have developed over 470 partition cases throughout California.

Get a FREE Case Consultation Today – Call (844) 4-TALKOV

The Complete Partition Action Timeline: A Step by Step Guide

Step 1: Filing the Partition Complaint

The partition process officially begins when a complaint is filed in California Superior Court. This document outlines the property details, ownership interests of all parties involved, and the request to partition the property.

Filing the partition complaint typically takes 2 to 4 days, depending on whether additional documentation is necessary as all co-owners must be identified in the complaint.

Step 2: Serving the Complaint and Summons

Once the complaint is filed, all co-owners named as defendants must be formally served with the complaint and summons. This can take just a few days for defendants whose whereabouts are known, often living at the property.

In some cases, co-owners may be difficult to find or may actively avoid being served. If traditional methods fail, the court may approve service by publication, which allows notice to be given through a legal newspaper. Proper service is crucial because the court cannot proceed without ensuring that all parties have been notified.

Step 3: Response from Co-Owners (Defendants)

After being served, co-owners have 30 days to file a response, which is usually and answer to the partition complaint. This response can either agree to the partition or dispute the terms. Sometimes, defendants may file cross-complaints or counterclaims to contest ownership shares or request reimbursement for expenses like mortgage payments or property improvements, but many of these cross-complaints have little bearings on whether the partition can proceed as planned.

If a co-owner fails to respond within the given timeframe, the court may issue a default partition judgment, allowing the partition to proceed without their input. Managing responses and addressing counterclaims promptly is critical to keep the case moving forward.

Step 4: Discovery Phase

The discovery phase allows both sides to gather evidence supporting their claims. In many cases, discovery is wholly unnecessary. Common discovery tools include depositions, interrogatories, and requests for production of documents. Co-owners may be required to provide property deeds, financial records, correspondence, or other relevant documents. One of the biggest challenges during discovery is ensuring that all evidence is accurate and properly documented. Missing or incomplete information can weaken a case, so diligent preparation is essential. To ensure the case is handled promptly, we often conduct discovery while legal motions are pending to appoint a referee, ensuring the fastest possible outcome.

Step 5: Appointment of Partition Referee

Once the court decides to proceed with a partition by sale, it issues an interlocutory judgment and appoints a partition referee to oversee the partition by sale or division. The appointment can be made by motion practice- with Talkov Law having obtained an interlocutory judgment of partition and appointment of referee just 49 days after the defendant was served.

The partition referee is responsible for managing the sale process, coordinating with real estate broker to place the co-owned property on the open market (MLS), and ensuring that the transaction is handled in accordance with court orders. Selecting a qualified partition referee is essential to ensure that the sale is efficient and fair to all co-owners.

Optional Step 6: Settlement Negotiations and Mediation

Even while a motion is pending to appoint a partition referee, the court may encourage the parties to reach a settlement through negotiation or mediation. This negotiation occurs while the attorneys are seeking to appoint the referee, conduct discovery, or otherwise.

Common settlement options include buyout agreements or a stipulated interlocutory judgment of partition where co-owners agree on how to divide the property or proceeds. Settlement can save significant time and legal expenses, making it a favorable option when parties can find common ground. Indeed, the vast majority of our partitions result in a settlement.

Rare Step 7: Court Trial (Only if No Settlement or Court Judgment on Motion Practice)

In the rarest of cases, a partition action can result in a trial. These trials are so rare because the elements for an interlocutory judgment of partition are so limited as follows: “a viable interlocutory partition judgment must include both a determination of the parties’ interests and order partition. But while it may, it need not, include the manner of partition.” Summers v. Superior Court (2018) 24 Cal.App.5th 138, 142, as modified (June 27, 2018).

In the exceptional case where a partition action does occur, the issues are usually limited to waiver of partition and ownership interests, as well as the manner of partition and partition offsets. These trials are often just a few hours. In many occasions, these trials are expedited by a partition referee report on offsets. Under the Partition of Real Property Act, the Courts may require expert testimony or appraisals to determine the fair market value of the property.

Step 8: Sale of the Property

The partition referee typically works with a licensed real estate broker to market and sell the property. This process can take 2-5 months, including listing, marketing, and closing. These longer times to sell usually relate to aspects of the property, not the partition, such as vacant land, which can take a while to sell, or properties that require repairs before being placed on the market.

One of the primary goals during the sale phase is maximizing the sale price through competitive bidding or well-planned marketing efforts. Referees also manage issues like overbids or buyer contingencies to keep the process moving smoothly. The referee will work with escrow to ensure that any outstanding liens or debts are paid in the partition.

Step 9: Distribution of Proceeds

After the property is sold, the partition proceeds are distributed among the co-owners based on their ownership percentages. Before distribution, the referee or the court accounts for any reimbursements or credits, such as payments made toward mortgage, property taxes, or improvements. This process typically takes 2-6 weeks after the sale closes.

Step 10: Final Judgment and Case Closure

Once the proceeds are properly distributed, the court issues a final judgment to formally conclude the partition action. This step typically takes 2-4 weeks after the distribution of proceeds.

Finalizing the judgment ensures that all legal obligations are met and that the case is officially closed. Proper documentation and compliance with court orders are essential to prevent any lingering disputes.

How Talkov Law Can Speed Up The Partition Action Timeline and Get You Paid Faster

At Talkov Law Partition Attorneys, we know that time is money, and waiting around for a lengthy partition process can be frustrating and financially draining.

Unlike other law firms that dabble in partition actions as just one part of their practice, we exclusively focus on partition cases, which means we know how to move your case through the legal system as efficiently as possible. Our team of dedicated partition attorneys has handled over 470 cases throughout California, allowing us to develop proven strategies to expedite each step of the process. This results in a faster settlement or judgment almost always without a trial.

From meticulously preparing the initial complaint to proactively addressing potential challenges and leveraging our extensive network of experienced referees and brokers, we eliminate unnecessary delays and keep your case on track. While other firms might struggle to navigate complex partition issues, our specialized focus means we know how to get you paid faster, helping you move forward without the stress and uncertainty of a prolonged legal battle.

With a team of 11 full-time attorneys dedicated exclusively to partition actions, Talkov Law is California’s leading partition law firm. Our dedicated attorneys focus exclusively on real estate and co-ownership disputes, giving our clients the best chance at a favorable outcome.

Get a FREE Case Consultation Today – Call (844) 4-TALKOV