Partition Lawyers in Los Altos Hills
Our Los Altos Hills partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation.
Talkov Law’s attorneys serving Santa Clara 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 resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney's fees and costs to the prevailing party in a partition action.
- 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.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- How long does a partition action take in California?" Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- What is a partition action and when is it necessary?
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.
Thacher v. Touitou - Partition Action Case Study
In the legal case of Thacher v. Touitou, 2006 WL 1742503, D046852 (27-Jun-2006) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their father’s estate. The siblings had inherited the estate upon their father’s death, and the estate included a house and other real property. The siblings had agreed to partition the estate, but the agreement was never formalized. The dispute arose when one of the siblings attempted to sell the house without the other’s consent. The court held that the siblings had an implied agreement to partition the estate, and that the sale of the house without the other sibling’s consent was a breach of that agreement. The court ordered the house to be partitioned between the siblings, and the proceeds from the sale of the house to be divided equally between them.
