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Alameda Partition Lawyer

Partition Actions in Alameda

Alameda is a city located in the San Francisco Bay Area of California. It is situated on an island of the same name, which is connected to the mainland by bridges and a causeway. Alameda is known for its Victorian-style homes, its vibrant downtown area, and its many parks and beaches. The city is home to a variety of attractions, including the USS Hornet Museum, the Alameda Naval Air Station, and the Alameda Point Antiques Faire. Alameda is also home to a number of restaurants, shops, and entertainment venues.

According to Zillow, the median home value in Alameda, California is $817,400 as of 2021. As of July 1, 2019, the population of Alameda County, California was estimated to be 1,639,622.

Experienced Real Estate Partition Action Attorneys Serving Alameda

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:

  • What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
  • 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.
  • Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
  • 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.
  • 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.

Speak to Our Alameda 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

    Johnson v. Brauner – Partition Action Case Study

    In the legal case of Johnson v. Brauner, 131 Cal.App.2d 713 (1955), the issue was whether a partition of real property was proper. The plaintiffs, Johnson and his wife, owned a parcel of real property with two other individuals, Brauner and his wife. The Johnsons and the Brauners had agreed to partition the property, but the Brauners refused to sign the deed. The Johnsons then filed a partition action, and the trial court ordered a partition by sale. The Brauners appealed, arguing that the partition was improper because the Johnsons had not provided sufficient evidence of their ownership interest in the property. The court of appeals held that the partition was proper, finding that the Johnsons had provided sufficient evidence of their ownership interest in the property. The court also noted that the Brauners had failed to provide any evidence to support their claim that the Johnsons did not own an interest in the property.

    Contact our Team of Experienced Partition Lawyers Serving the City of Alameda 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 also serve Oakland, Berkeley, San Leandro, Emeryville, and Piedmont.

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