Partition Lawyers in Los Gatos
Our Los Gatos 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.
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- 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.
- 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.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (408) 777-6800 or contact us online today.
Call us at (408) 777-6800 or contact us below to schedule a free, 15-minute consultation.
Solomon v. Redona - Partition Action Case Study
In the legal case of Solomon v. Redona, 52 Cal.App. 300 (1921), 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 into two equal parts, but the plaintiff, Solomon, argued that the defendant, Redona, had failed to comply with the agreement and had taken more than her fair share of the property. The court found that Redona had indeed taken more than her fair share of the property and ordered her to pay damages to Solomon. The court also ordered the partition of the property in accordance with the agreement between the siblings.
