Experienced Partition Attorneys Serving Alameda County
Talkov Law’s attorneys serving Alameda County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property owned by two or more persons. This statute allows for the court to order the sale of the property and the division of the proceeds among the owners. The court may also order the property to be physically divided among the owners. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the court finds that a physical division of the property would be impractical or inequitable. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property. The legal effect of the California partition statute is that it allows for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- 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 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.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
Speak to Our Alameda County Partition Attorneys Today
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Partition Actions in Alameda County
Partitions are quite common in Alameda County. 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.
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.
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 the Alameda County County in the County of Alameda, California.
Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (510) 999-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Alameda County also serve the nearby areas of Contra Costa County, San Mateo County, Santa Clara County, San Joaquin County, Stanislaus County including Oakland, Fremont, Hayward, Berkeley, San Leandro, Alameda, Union City, Pleasanton, Newark, Dublin, Emeryville, Albany, Piedmont.