Partition Lawyers in East Palo Alto
Our East Palo Alto 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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect is that these statutes provide a legal mechanism for co-owners to divide their property without having to go through the court system.
- 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.
- 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.
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
- Can I recover my attorney's fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney's fees. However, most partitions settle, and most settlements involve a walk-away of attorney's fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (650) 999-3300 or contact us online today.
Call us at (650) 999-3300 or contact us below to schedule a free, 15-minute consultation.
Stillwell v. Jackson - Partition Action Case Study
In the legal case of Stillwell v. Jackson, 5 Cal.2d 165 (1936), the issue was whether a partition of real property could be made without the consent of all the owners. The case involved a dispute between two sisters, Stillwell and Jackson, who owned a parcel of real property as tenants in common. Stillwell wanted to partition the property, but Jackson refused to consent to the partition. The court held that a partition of real property could be made without the consent of all the owners, as long as the partition was made in good faith and was fair and equitable to all parties. The court also held that the partition should be made in such a way that the interests of all the owners were protected.
