Partition Lawyers in Portola Valley
Our Portola Valley 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 allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
- What is a partition action and when is it necessary?
- Can I recover my attorney's fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney's fees. However, most partitions settle, and most settlements involve a walk-away of attorney's fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
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.
Becker v. Becker - Partition Action Case Study
In the legal case of Becker v. Becker, 2016 WL 1651698, B248007 (25-Apr-2016) , the issue of partition was at the center of the dispute. The parties were unable to agree on how to divide the property they jointly owned, and the court was asked to intervene. The court found that the parties had failed to reach an agreement on the partition of the property, and that the court would have to make a decision on the matter. The court determined that the property should be divided in a manner that was fair and equitable to both parties, taking into account the interests of each party. The court also noted that the parties should be given the opportunity to present evidence and arguments in support of their respective positions. Ultimately, the court ordered the property to be divided in a manner that was fair and equitable to both parties.
