Partition Lawyers in Sunnyvale
Our Sunnyvale 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. 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.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- What are the grounds for a partition action in California? A co-owner is "entitled to partition as a matter of absolute right," meaning "he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- 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.
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.
De Uprey v. De Uprey - Partition Action Case Study
In the legal case of De Uprey v. De Uprey, 27 Cal. 329 (1865), the issue was whether a partition of property between two siblings was valid. The plaintiff, a brother, had purchased a piece of land from his sister, and the sister argued that the partition was invalid because it was not done in accordance with the law. The court found that the partition was valid, but that the brother had to pay the sister for her share of the property. The court also found that the brother had to pay the sister for the improvements she had made to the property. The court also found that the brother had to pay the sister for the value of the improvements she had made to the property. The court also found that the brother had to pay the sister for the value of the improvements she had made to the property, and that the brother had to pay the sister for the value of the improvements she had made to the property.
