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. The population of Alameda County, California is 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 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:
- 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.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- 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.
- 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
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, 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 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.
Our partition attorneys in Alameda also serve Oakland, San Leandro, Berkeley, Emeryville, and Piedmont
