Partition Lawyers in Piedmont
Our Piedmont partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation.
Talkov Law’s attorneys serving Alameda 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.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff's interest in the property, which is generally the plaintiff's goal.
- 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.
- 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.
For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (510) 999-3300 or contact us online today.
Call us at (510) 999-3300 or contact us below to schedule a free, 15-minute consultation.
Shadab v. Goldberg - Partition Action Case Study
In the legal case of Shadab v. Goldberg, 2018 WL 4001767, 2D CIV. B277925 (22-Aug-2018) , the issue of partition was at the center of the dispute. The plaintiff, Shadab, owned a property with the defendant, Goldberg, as tenants in common. The plaintiff sought to partition the property, while the defendant sought to keep the property undivided. The court found that the plaintiff had a right to partition the property, and ordered the defendant to pay the plaintiff's costs associated with the partition. The court also ordered the defendant to pay the plaintiff's attorney's fees. The court found that the defendant had acted in bad faith by refusing to agree to the partition, and that the plaintiff was entitled to compensation for the costs associated with the partition.
