Partition Lawyers in Daly City
Our Daly City partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation.
Talkov Law’s attorneys serving San Mateo 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 also provide a way for co-owners to force the sale of the property if they cannot agree on how to divide it. The partition statutes also set out the procedures for the sale of the property and how the proceeds of the sale will be divided among the co-owners. The partition statutes also provide for the payment of costs associated with the sale of the property.
- 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.
- 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.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney's fees, and court costs, but can involve referee fees and broker's fees if the property is sold.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- How does a partition action work in California?
For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (415) 966-3300 or contact us online today.
Call us at (415) 966-3300 or contact us below to schedule a free, 15-minute consultation.
Gonzalez v. Gonzalez - Partition Action Case Study
In the legal case of Gonzalez v. Gonzalez, 174 Cal. 588 (1917), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a piece of real estate that had been inherited from their father. The siblings had agreed to divide the property, but the agreement was not legally binding. The court had to decide whether the siblings had the right to partition the property, and if so, how it should be divided. The court ultimately ruled that the siblings had the right to partition the property, but that it should be divided in a way that was fair and equitable to both parties.
