Partition Lawyers in Santa Clara
Our Santa Clara 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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. 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.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- Can a partition action be stopped? Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney's fees, and court costs, but can involve referee fees and broker's fees if the property is sold.
- 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.
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.
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Elbert, Limited v. Federated Income Properties - Partition Action Case Study
In the legal case of Elbert, Limited v. Federated Income Properties, 120 Cal.App.2d 194 (1953), the issue of partition was at the center of the dispute. The case involved a dispute between two parties over the ownership of a parcel of real estate. Elbert, Limited, the plaintiff, argued that it was the rightful owner of the property, while Federated Income Properties, the defendant, argued that it was the rightful owner. The court had to determine which party had the right to the property. The court found that the property had been partitioned between the two parties, with Elbert, Limited receiving the larger portion. However, the court also found that the partition was not valid, as it had not been done in accordance with the law. The court ruled that the partition was invalid and that the property should be divided equally between the two parties.
