Partition Lawyers in San Carlos
Our San Carlos 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 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- 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.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property 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.
Sousa v. Sinsheimer - Partition Action Case Study
In the legal case of Sousa v. Sinsheimer, 62 Cal.App.2d 107 (1943), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a piece of real property. The plaintiff, Sousa, sought to partition the property, while the defendant, Sinsheimer, argued that partition was not possible because the property was held in joint tenancy. The court ultimately held that partition was not possible because the property was held in joint tenancy, and that the only way to divide the property was through a sale. The court also held that the plaintiff was not entitled to any compensation for his share of the property, as the defendant had already paid for the entire property. This case serves as an example of the difficulties that can arise when two co-owners of a piece of real property are unable to agree on how to divide the property.
