Partition Lawyers in Millbrae
Our Millbrae 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 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.
- 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 a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- What are the grounds for a partition action in California? A co-owner is "entitled to partition as a matter of absolute right," meaning "he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- 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.
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.
Williams v. Wells Fargo Bank & Union Trust Co. - Partition Action Case Study
In the legal case of Williams v. Wells Fargo Bank & Union Trust Co., 17 Cal.2d 104 (1941), the issue was whether a partition of real property could be made without the consent of all the owners. The plaintiff, Williams, owned a one-third interest in a parcel of real property with two other owners. Williams sought to partition the property, but the other two owners refused to consent. The trial court granted the partition, and the defendants appealed. The California Supreme Court held that a partition of real property could not be made without the consent of all the owners, and reversed the trial court’s decision. The court reasoned that a partition of real property is a fundamental alteration of the property, and thus requires the consent of all the owners.
