Partition Lawyers in Santa Clara County
Our Santa Clara County 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. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don't have to pay your attorney to go through a disorganized mess to get the information they need.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff's interest in the property for a fair value. Some cases may take 6 to 12 months.
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- Can I be forced into selling a jointly owned house? Under California's Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
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.
Akhbari v. Nateghi - Partition Action Case Study
In the legal case of Akhbari v. Nateghi, Not Reported in Cal.Rptr.2d (2002), the issue of partition was at the center of the dispute. The plaintiff, Akhbari, owned a one-half interest in a piece of real property with the defendant, Nateghi. Akhbari sought to partition the property, while Nateghi argued that the property was held in joint tenancy and could not be partitioned. The court ultimately held that the property was held in joint tenancy and could not be partitioned. The court reasoned that the parties had not taken any action to sever the joint tenancy, and that the joint tenancy was still in effect. The court also noted that the parties had not taken any action to convert the joint tenancy into a tenancy in common, which would have allowed for partition. As a result, the court held that the property could not be partitioned.
