Partition Lawyers in Hillsborough
Our Hillsborough 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. California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- 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.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
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.
Atwood v. Brooks - Partition Action Case Study
In the legal case of Atwood v. Brooks, 2015 WL 5029639, B258407 (25-Aug-2015) , is a legal case involving a dispute over the partition of a parcel of real property. The dispute arose when the two owners of the property, Atwood and Brooks, disagreed over how to divide the property. Atwood wanted to divide the property into two equal parts, while Brooks wanted to divide the property into three parts, with two parts being larger than the third. The court ultimately ruled in favor of Atwood, finding that the partition should be divided into two equal parts. The court also found that Brooks had failed to prove that the three-part division was necessary or equitable.
