Partition Lawyers in Saratoga
Our Saratoga 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- 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.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff's interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California's Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can't afford to buy the property but still won't agree to sell.
- 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.
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.
Southern Adjustment Bureau, Inc. v. Nelson - Partition Action Case Study
In the legal case of Southern Adjustment Bureau, Inc. v. Nelson, 230 Cal.App.2d 539 (1964), the issue of partition was at the center of the dispute. The plaintiff, Southern Adjustment Bureau, Inc., sought to partition a parcel of real property that was owned by the defendant, Nelson. The defendant argued that the property was not subject to partition because it was held in joint tenancy with right of survivorship. The court held that the property was subject to partition because the joint tenancy had been severed by the defendant's conveyance of his interest in the property to a third party. The court also held that the defendant was not entitled to any compensation for the partition of the property because he had voluntarily conveyed his interest in the property.
