Partition Lawyers in Redwood City
Our Redwood City 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.
- 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.
- 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).
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- 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 to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
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.
Hirschberg v. Oser - Partition Action Case Study
In the legal case of Hirschberg v. Oser, 82 Cal.App.2d 282 (1947), the issue was whether a partition of a jointly owned property was valid. The court found that the partition was invalid because the deed of partition was not properly executed. The deed of partition was not signed by both parties, and the court found that the deed was not properly executed because it was not signed by both parties. Furthermore, the court found that the deed of partition was not properly recorded, as it was not filed with the county recorder. As a result, the court found that the partition was invalid and that the property remained jointly owned by the parties.
