Alameda Real Estate Partition Lawyer
Talkov Law’s attorneys serving Alameda County are exceptionally experienced in California partition actions and have conducted over 450 for our satisfied clients. 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.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- 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.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
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.
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.
Frequently Asked Questions About Partitions in Alameda
How Much Does a Partition Action Cost in Alameda?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Alameda?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In Alameda, 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).
Can a Partition Action Be Stopped in Alameda?
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.
Contact our Team of Experienced Partition Lawyers Serving the City of Alameda, County of Alameda, California
Our Alameda partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys 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, call (510) 999-3300 or contact us online today.
