Partition Lawyers in Union City
Our Union City partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation.
Talkov Law’s attorneys serving Alameda 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.
- 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 to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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.
- 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.
For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (510) 999-3300 or contact us online today.
Call us at (510) 999-3300 or contact us below to schedule a free, 15-minute consultation.
Kipp v. Kipp - Partition Action Case Study
In the legal case of Kipp v. Kipp, 42 Cal.2d 724 (1954), the issue was whether a partition of real property could be made without the consent of all the owners. The plaintiff, Mrs. Kipp, owned a one-third interest in a parcel of real property with her two sons, who owned the remaining two-thirds interest. Mrs. Kipp sought to partition the property, but her sons refused to consent. The court held that a partition of real property could be made without the consent of all the owners, provided that the partition was made in good faith and was fair and equitable to all parties. The court also held that the partition should be made in such a way as to minimize the economic loss to the non-consenting owners.
