Partition Actions in Alameda County
Alameda County is a county located in the San Francisco Bay Area of California. It is the seventh most populous county in the state, with a population of 1,510,271 as of the 2010 census. The county seat is Oakland, and its largest city is also Oakland. Alameda County is home to many of the Bay Area’s most popular attractions, including the Oakland Zoo, the Oakland Museum of California, and the Chabot Space and Science Center. The county is also home to several universities, including the University of California, Berkeley, and Mills College. Alameda County is known for its diverse population, with a mix of cultures and backgrounds. It is also known for its beautiful parks and trails, including the East Bay Regional Park District, which offers a variety of outdoor activities.
According to Zillow, the median home value in Alameda County, California is $817,400 as of 2021. As of July 1, 2019, the population of Alameda County, California was estimated to be 1,639,621.
Experienced Real Estate Partition Action Attorneys Serving Alameda County
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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not feasible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
Speak to Our Alameda County Partition Attorneys Today
Call our Alameda County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (510) 999-3300 or contact us below to schedule a free, 15-minute consultation
Akley v. Bassett – Partition Action Case Study
In the legal case of Akley v. Bassett, 189 Cal. 625 (1922), the California Supreme Court was asked to decide whether a partition of real property was proper. The dispute arose when two brothers, William and John Akley, inherited a parcel of land from their father. William wanted to keep the land intact, while John wanted to divide it into two separate parcels. The court held that the partition was proper, as the brothers had equal rights to the land and the partition would not cause any prejudice to either of them. The court also noted that the partition would not interfere with the rights of any third parties, as the land was not subject to any mortgages or other encumbrances. The court also noted that the partition would not cause any damage to the land itself, as it was not necessary to divide the land into two parcels in order to make it more productive.
Contact our Team of Experienced Partition Lawyers Serving Alameda County, California
Our Alameda County partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! 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.
Our partition attorneys in Alameda County also serve Oakland, Fremont, Hayward, Berkeley, San Leandro, Alameda, Union City, Pleasanton, Newark, Dublin, Emeryville, Albany, Piedmont, and Livermore
