Partition Lawyers in Morgan Hill
Our Morgan Hill 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. 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.
- How does a partition action work in California?
- 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 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.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- Who pays for a partition action? In California, each party typically pays for their own attorney's fees (known as the "American Rule"). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
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.
Paules v. Elbert, Limited - Partition Action Case Study
In the legal case of Paules v. Elbert, Limited, 136 Cal.App.2d 326 (1955), the issue of partition was at the center of the dispute. The case involved a dispute between two shareholders of a corporation, Elbert, Limited, over the partition of the corporation’s assets. The plaintiff, Paules, argued that the corporation’s assets should be divided equally between the two shareholders, while the defendant, Elbert, argued that the assets should remain undivided. The court ultimately ruled in favor of Elbert, finding that the corporation’s assets should remain undivided. The court reasoned that the corporation’s assets were held in trust for the benefit of all shareholders, and that any partition of the assets would be contrary to the trust agreement. The court also noted that the corporation’s assets were not easily divisible, and that any attempt to divide them would likely result in a loss of value.
