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Alameda County Partition Lawyer

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 allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • 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.
  • 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.
  • How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
  • 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.
  • 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.

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 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 Oakland, Berkeley, Fremont, Hayward, San Leandro, Pleasanton, Livermore, Dublin, and Union City.

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