Partition Lawyers in Menlo Park
Our Menlo Park 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 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.
- What is a partition action and when is it necessary?
- 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.
- What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
- 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 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.
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.
San Fernando Farm Homestead Ass'n v. Porter - Partition Action Case Study
In the legal case of San Fernando Farm Homestead Ass'n v. Porter, 7 P.C.L.J. 791 (1881), the issue was whether a partition of a homestead was valid. The homestead was owned by a married couple, and the husband had died. The wife had then attempted to partition the homestead, but the partition was challenged by the husband's heirs. The court held that the partition was invalid because the husband had not consented to it. The court reasoned that the husband's consent was necessary because the homestead was held in joint tenancy, and the husband's death had not severed the joint tenancy. Therefore, the court held that the partition was invalid and the homestead could not be divided.
