Livermore Partition Attorney

Partition Lawyers in Livermore

Our Livermore partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. 

Talkov Law’s attorneys serving Alameda County are exceptionally experienced in the area of California partition actions. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.

  • Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
  • 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.
  • Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
  • Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
  • Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don't have to pay your attorney to go through a disorganized mess to get the information they need.

For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (925) 999-7700 or contact us online today.

Call us at (925) 999-7700 or contact us below to schedule a free, 15-minute consultation.

Heinze v. Butte & B. Consol. Min. Co. - Partition Action Case Study

In the legal case of Heinze v. Butte & B. Consol. Min. Co., 126 F. 1 (1903), the issue was whether a partition of a mining claim was valid. The plaintiff, Heinze, had purchased a mining claim from the defendant, Butte & B. Consol. Min. Co., and then proceeded to partition the claim into two separate claims. The defendant argued that the partition was invalid because it was not done in accordance with the mining laws of the state. The court ultimately held that the partition was valid, as the mining laws did not explicitly prohibit such a partition.